Water Booster Pump Installed with Backflow Device Qualifies as MCI

October 30, 2017

LVT Number: #27975

Landlord applied for MCI rent hikes based on the installation of a backflow device and water booster pump. The DRA ruled for landlord in part, approving the backflow device but denying any rent increase for the booster pump. Landlord appealed and won. The DHCR agreed with landlord that the water booster pump installation was necessary work done in connection with and directly related to the backflow device installation. The backflow preventer was installed to comply with DEP regulations and it caused loss of water pressure.

Landlord applied for MCI rent hikes based on the installation of a backflow device and water booster pump. The DRA ruled for landlord in part, approving the backflow device but denying any rent increase for the booster pump. Landlord appealed and won. The DHCR agreed with landlord that the water booster pump installation was necessary work done in connection with and directly related to the backflow device installation. The backflow preventer was installed to comply with DEP regulations and it caused loss of water pressure. This made installation of the water booster pump necessary to restore building water pressure.

132 Realty LLC: DHCR Adm. Rev. Docket No. DN430023RO (8/24/17) [2-pg. doc.]

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