No MCI Increase for New Boiler Without DOB Inspection Certificate

LVT Number: #30925

Landlord applied for MCI rent hikes based on installation of a new boiler. The DRA ruled against landlord based on its failure to submit proof of a Certificate of Electrical Inspection from DOB. Landlord appealed and lost. It is long-standing DHCR policy that a copy of DOB's electrical sign-off generally is required for a new boiler to qualify as an MCI. While it's true that a DOB sign-off isn't required where a new boiler is connected to existing wiring, landlord's MCI application didn't indicate that the new boiler was connected to existing wiring.

Landlord applied for MCI rent hikes based on installation of a new boiler. The DRA ruled against landlord based on its failure to submit proof of a Certificate of Electrical Inspection from DOB. Landlord appealed and lost. It is long-standing DHCR policy that a copy of DOB's electrical sign-off generally is required for a new boiler to qualify as an MCI. While it's true that a DOB sign-off isn't required where a new boiler is connected to existing wiring, landlord's MCI application didn't indicate that the new boiler was connected to existing wiring. MCI costs claimed by landlord included $8,640 for "electrical" work. At no point did landlord submit to the DRA a statement or documentation showing that the installation consisted only of a boiler that had been connected to existing wiring. 

Missouri Leasing LP: DHCR Adm. Rev. Docket No. HS110026RO (7/13/20) [2-pg. doc.]

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