MCI Application for Boiler/Burner Filed Late

The DRA granted landlord's application for MCI rent hikes based on elevator upgrade, chimney replacement, boiler/burner installation, as well as pointing and waterproofing. Tenants appealed, claiming that the boiler work was completed more than two years before landlord filed its MCI application. The DRA ruled for tenants and revoked that part of the MCI increases attributable to the boiler/burner. The record showed that the contractor that performed the installation was paid in full by check dated Dec. 8, 2003. The work therefore was completed no later than that date, even though the DOB sign-off was dated Dec. 27, 2004. Landlord's application was filed on Dec. 19, 2005. The application therefore was filed more than two years after the MCI completion date. The total approved MCI cost was reduced by $45,000.

526-534 2nd Street: DHCR Adm. Rev. Docket No. VF230064RT (3/20/13) [4-pg. doc.]