Prior Disallowance of MCI Rent Hike for Boiler Irrelevant

LVT Number: #21211

Landlord applied for MCI rent hikes based on the installation of a new boiler. The DRA ruled for landlord. Tenants appealed, claiming that the DHCR had previously denied a rent increase for boiler installation. The DHCR ruled against tenants. In 1988, the DHCR disqualified a prior boiler installation because it had replaced an item whose useful life couldn't be determined. The fact that the DHCR denied any rent increase for a prior boiler installation had no bearing on whether the new boiler qualified as an MCI.

Landlord applied for MCI rent hikes based on the installation of a new boiler. The DRA ruled for landlord. Tenants appealed, claiming that the DHCR had previously denied a rent increase for boiler installation. The DHCR ruled against tenants. In 1988, the DHCR disqualified a prior boiler installation because it had replaced an item whose useful life couldn't be determined. The fact that the DHCR denied any rent increase for a prior boiler installation had no bearing on whether the new boiler qualified as an MCI.

279 East 44th Street: DHCR Adm. Rev. Docket No. VD410085RT (3/6/08) [4-pg. doc.]

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