Insufficient Proof Rewiring Qualified as MCI

Landlord applied for MCI rent hikes based on building-wide rewiring. The DRA ruled against landlord because the rewiring didn't include the installation of feeders to individual apartments. Landlord appealed. Landlord submitted a sworn statement from its electrician, who stated that the DOB Certificate of Electrical Inspection omitted reference to feeders because he made a mistake on the application form. The electrician said that this error could be corrected, although it would take a few months. The DHCR ruled against landlord. The electrical certificate submitted by landlord indicates that no feeders were installed at the building. DOB online records contained no information to the contrary. The electrician's affidavit, which was submitted for the first time on appeal, wasn't sufficient to overcome the other proof submitted to the DRA.

146 West 76th Street: DHCR Adm. Rev. Docket No. TA430046RO (8/19/08) [3-pg. doc.]