Hot-Water Heater Replaced

September 30, 2003

LVT Number: 16851

Landlord applied for MCI rent hikes based on the installation of a new hot-water heater. The DRA ruled against landlord because the installation wasn't a complete replacement of a hot-water heater. Landlord appealed, claiming that the DRA was wrong. The DHCR ruled for landlord. Landlord's installation of a Weil McLain model Ultra Plus 60 and mixing valves was a complete replacement of the old hot-water heater. The fact that it is titled ''indirect'' because it fires off the boiler doesn't disqualify it as an MCI.

Landlord applied for MCI rent hikes based on the installation of a new hot-water heater. The DRA ruled against landlord because the installation wasn't a complete replacement of a hot-water heater. Landlord appealed, claiming that the DRA was wrong. The DHCR ruled for landlord. Landlord's installation of a Weil McLain model Ultra Plus 60 and mixing valves was a complete replacement of the old hot-water heater. The fact that it is titled ''indirect'' because it fires off the boiler doesn't disqualify it as an MCI.

Naroznik: DHCR Adm. Rev. Dckt. No. RF210064RO (8/12/03) [3-pg. doc.]

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