Increase Granted for New Boiler

LVT Number: 14506

Landlord applied for MCI rent hikes based on the installation of a new boiler. Tenants claimed that the old boiler's useful life hadn't expired. The DRA ruled against landlord because landlord didn't show that the old boiler had exceeded its useful life. Landlord appealed and won. When landlord bought the building, it hired a licensed engineer to assess the structure. The engineer's report showed that a new boiler was needed, there was no DOB boiler installation application on file, and there was no previous MCI rent increase for any prior boiler.

Landlord applied for MCI rent hikes based on the installation of a new boiler. Tenants claimed that the old boiler's useful life hadn't expired. The DRA ruled against landlord because landlord didn't show that the old boiler had exceeded its useful life. Landlord appealed and won. When landlord bought the building, it hired a licensed engineer to assess the structure. The engineer's report showed that a new boiler was needed, there was no DOB boiler installation application on file, and there was no previous MCI rent increase for any prior boiler. Also, landlord installed the new boiler before the effective date of DHCR Operational Bulletin 90-2, which set forth the current useful life schedule.

E. 100th St. Corp.: DHCR Adm. Rev. Dckt. No. HE430122RO (9/25/00) [4-pg. doc.]

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