Boiler/Burner Conversion from Oil to Gas Wasn't an MCI

December 19, 2021

LVT Number: #31732

The DRA granted landlord's application for MCI rent hikes based on installation of a new boiler/burner. Tenants appealed, claiming that landlord didn't replace the old boiler/burner. Instead, landlord converted an existing boiler/burner from oil to gas. This non-MCI conversion was previously ruled to be repair and maintenance work ineligible for any MCI increase. The DHCR ruled for tenants. The work performed was a gas conversion of the existing boiler/burner and change of the fuel grade from #6 to #2 oil. This wasn't a new boiler/burner installation.

The DRA granted landlord's application for MCI rent hikes based on installation of a new boiler/burner. Tenants appealed, claiming that landlord didn't replace the old boiler/burner. Instead, landlord converted an existing boiler/burner from oil to gas. This non-MCI conversion was previously ruled to be repair and maintenance work ineligible for any MCI increase. The DHCR ruled for tenants. The work performed was a gas conversion of the existing boiler/burner and change of the fuel grade from #6 to #2 oil. This wasn't a new boiler/burner installation. The DOB work permit and sign-off supported this finding. The MCI rent increase was revoked.

Valvic/Litwin: DHCR Adm. Rev. Docket No. FO410048RT (11/24/21)[2-pg. document]

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