Upgraded Elevator Cabs Smaller than Originals

LVT Number: 15933

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord, and tenants appealed. They claimed that the elevator work wasn't an improvement. The new elevator cabs were smaller, didn't have adequate ventilation, didn't have emergency exit doors, and were easily scratched. The DHCR ruled against tenants. Landlord installed new controllers and selectors and got all required governmental approvals for the work. So the elevator upgrading qualified as an MCI. It didn't matter that the new elevator cabs were smaller.

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord, and tenants appealed. They claimed that the elevator work wasn't an improvement. The new elevator cabs were smaller, didn't have adequate ventilation, didn't have emergency exit doors, and were easily scratched. The DHCR ruled against tenants. Landlord installed new controllers and selectors and got all required governmental approvals for the work. So the elevator upgrading qualified as an MCI. It didn't matter that the new elevator cabs were smaller.

London Terr. Assn.: DHCR Admin. Rev. Dckt. No. KE510183RT (5/3/02) [2-pg. doc.]

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