DOB Delayed Issuing Certifications for New Boiler

Landlord applied for MCI rent hikes based on the installation of a new boiler. The DRA ruled against landlord because landlord didn't submit required DOB certifications. Landlord appealed, arguing that the delay was beyond his control and was due to processing delays at DOB. Landlord submitted a copy of his DOB applications for required electrical and plumbing inspections and a copy of the plumbing inspection report. The DHCR ruled for landlord. Review of DOB's database showed that landlord got the electrical inspection certificate. And the missing DEP registration, which the DRA also found wasn't submitted, wasn't required because landlord's boiler output was less than 350,000 BTUs.

Baboolal: DHCR Adm. Rev. Dckt. No. SH130053RO (11/19/04) [4-pg. doc.]