Useful Life of Building Entrance Door Hadn't Expired

January 1, 2010

LVT Number: #22390

Landlord applied for MCI rent hikes based on the replacement of a building lobby entrance door. The DRA ruled for landlord. Tenant appealed. Landlord claimed that the old door was at least 25 years old. But tenant had pointed out to the DRA that landlord obtained a prior MCI rent hike for a lobby door installation in 1997. Landlord's new MCI application was filed 11 years later, in 2008. But the Rent Stabilization Code specifies that the useful life of a lobby door for MCI purposes is 15 years.

Landlord applied for MCI rent hikes based on the replacement of a building lobby entrance door. The DRA ruled for landlord. Tenant appealed. Landlord claimed that the old door was at least 25 years old. But tenant had pointed out to the DRA that landlord obtained a prior MCI rent hike for a lobby door installation in 1997. Landlord's new MCI application was filed 11 years later, in 2008. But the Rent Stabilization Code specifies that the useful life of a lobby door for MCI purposes is 15 years. Since landlord didn't seek or obtain a waiver of the useful-life requirement before seeking the MCI rent hike, no increase could be granted.

217 Haven Avenue: DHCR Adm. Rev. Docket No. XC430036RT (10/14/09) [3-pg. doc.]

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