Boiler Heat Timer Control Didn't Qualify as MCI

LVT Number: #28680

Landlord applied for MCI rent hikes based on the installation of a heat timer control on a building's boiler. The DRA ruled against landlord, who appealed and lost. The replacement only of the boiler control mechanism but not the boiler itself was ordinary repair and maintenance work, and didn't qualify as an MCI. The fact that the installation may qualify as an MCI under the Tax Code didn't alter DHCR's finding. The boiler control didn't qualify as an MCI under the Rent Stabilization Code.

Landlord applied for MCI rent hikes based on the installation of a heat timer control on a building's boiler. The DRA ruled against landlord, who appealed and lost. The replacement only of the boiler control mechanism but not the boiler itself was ordinary repair and maintenance work, and didn't qualify as an MCI. The fact that the installation may qualify as an MCI under the Tax Code didn't alter DHCR's finding. The boiler control didn't qualify as an MCI under the Rent Stabilization Code.

Coppin: DHCR Adm. Rev. Docket No. GO210004RO (8/9/18) [1-pg. doc.]

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