Work Related to Boiler/Burner and Security System Installations Disallowed

Landlord applied for MCI rent hikes based on the installation of a boiler/burner, TV/security system, and main lobby doors. The DRA ruled for landlord in part but disallowed any increase for the main lobby doors because landlord didn't state that the key fobs were removed from the entrance doors. The DRA also disallowed any increase for work landlord claimed was directly related to the boiler/burner and security system installations. Landlord appealed and won, in part. Inspection confirmed landlord's claim that there were no key fobs used at the main lobby door and that tenants used traditional keys to enter the building. So an MCI increase was added for the lobby doors. However, the DRA properly disallowed any increase for a conical reducer and new lighting installations. The installation of the conical reducer atop the existing masonry chimney was done to conform the chimney to the requirements of DEP rules, and the lighting work consisted of installation of seven outdoor wall pack lights, 17 three-bulb ceiling light fixtures in the building hallways, and two chandeliers in the lobby. The conical reducer work was maintenance and repair of the chimney and wasn't needed or directly related to completion of the boiler/burner installation. The new lighting was maintenance work and not necessary or directly related to completion of the building security system installation. So these items were properly excluded from any MCI rent hikes.

3890 Broadway Assoc. LLC: DHCR Adm. Rev. Docket No. ZD430048RO (10/6/17) [3-pg. doc.]