Useful-Life Waiver Granted for Emergency Elevator Replacement

Landlord applied for MCI rent hikes based on elevator upgrading, elevator rewiring, and cab work. The DRA ruled for landlord. Tenants appealed. They claimed that the prior elevator was less than 25 years old, so its useful life hadn't expired. The DHCR ruled against tenants. Landlord applied for a useful-life waiver at the time it filed the MCI application. While generally a useful-life waiver request must be filed before an MCI application is filed, landlord showed that the elevator was being replaced because of an emergency causing a dangerous risk to tenants' life and safety. Landlord's elevator consultant submitted a statement that elevator parts installed in 1990 were no longer functioning properly and that the controller/selector was causing leveling problems that created a potential tripping hazard and caused the elevator to get stuck in between floors.Under the circumstances, landlord was permitted to seek the waiver with its MCI application filing.

314 West 100th Street: DHCR Adm. Rev. Docket No. WG430037RT (9/24/10) [5-pg. doc.]