Chimney Liner Included in MCI Cost

Landlord applied for MCI rent hikes based on the installation of a new boiler and related improvements. The DRA ruled for landlord in part, denying any increase for a chimney liner. That item was found to be routine maintenance and repair. Landlord and one tenant both appealed. Landlord claimed that the chimney lining was needed to facilitate the boiler installation. The prior boiler used oil and didn't need a chimney liner. The new boiler used natural gas and required the stainless steel liner to prevent exhaust gas from deteriorating the chimney's brick and mortar.

The DHCR ruled for landlord, agreeing that the chimney liner was a necessary and required part of the boiler installation. Among other things, the Technical Bulletin from the manufacturer stated that a masonry chimney must be lined if it is to be used with the gas boiler. Tenant's PAR was denied. Tenant claimed that the boiler was defective, but DHCR inspection found adequate heat and hot water in various apartments.

Thornton/Plains Realty Group LLC: DHCR Adm. Rev. Docket Nos. AR910030RT, AS910041RO (11/27/13) [4-pg. doc.]