Conversion from Oil to Gas Boiler Qualifies as MCI

The DRA granted landlord’s MCI rent increase application based on conversion from an oil boiler to a gas boiler. Tenant appealed and lost. Tenant claimed that the boiler conversion was done solely to comply with New York City law and that landlord didn’t get tenants’ consent before making the change. Tenant also claimed that there was a rent reduction order in effect, barring the MCI rent increase. It didn’t matter why landlord converted the boiler. Since the work qualified as an MCI, a rent increase was permitted. And the rent reduction order tenant referred to was issued after the MCI rent hike was granted. So it didn’t stop collection of the MCI rent hike.

Stoner: DHCR Adm. Rev. Docket No. DP430005RK (10/15/15) [4-pg. doc.]