Gas Train Installed Four Years After Burner/Boiler

June 30, 1995

LVT Number: 9820

Landlord applied for MCI rent increases based on the installation of a new boiler and burner and related improvements. The DRA granted an increase for the boiler/burner but disallowed associated costs of a gas train. Landlord appealed. The DHCR ruled against landlord. The boiler/burner was installed in 1980. The gas train was installed in 1984. Therefore, the gas train wasn't installed in conjunction with an MCI, and it didn't qualify in and of itself. Landlord's claim that high-pressure gas service wasn't available in 1980 wasn't supported by Brooklyn Union Gas records.

Landlord applied for MCI rent increases based on the installation of a new boiler and burner and related improvements. The DRA granted an increase for the boiler/burner but disallowed associated costs of a gas train. Landlord appealed. The DHCR ruled against landlord. The boiler/burner was installed in 1980. The gas train was installed in 1984. Therefore, the gas train wasn't installed in conjunction with an MCI, and it didn't qualify in and of itself. Landlord's claim that high-pressure gas service wasn't available in 1980 wasn't supported by Brooklyn Union Gas records. It was available then for an additional cost. Landlord's decision to delay installation of the gas train was an economic one.

Fishel: DHCR Adm. Rev. Dckt. No. CH 230061 RO (12/14/94) [3-page document]

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