Asbestos Abatement Costs Disallowed

Landlord applied for MCI rent hikes based on the installation of a new boiler/burner plus related work. The DRA ruled for landlord in part. Landlord's asbestos abatement costs were disallowed because no asbestos report had been submitted. Landlord appealed and won. Landlord claimed that no asbestos removal certificate was required, but the DHCR MCI application instructions required landlord to submit either a DEP "Not an Asbestos Project" form or an asbestos removal certificate, also called an "Asbestos Inspection Report," for a boiler/burner installation. Landlord finally submitted a "Not an Asbestos Project" form to the DHCR with a reconsideration request, and the DHCR then granted the MCI increase for asbestos abatement.

99 Perry Street: DHCR Adm. Rev. Docket No. VB430064RT (2/2/12) [3-pg. doc.]