Landlord Didn't File Application for New Boiler/Burner on Time

In April 1989, landlord applied for MCI rent hikes based on the installation of a new boiler/burner. The installation was completed in March 1987. The DRA dismissed landlord's application as untimely, and landlord appealed. Landlord claimed that the installation wasn't completed until a proper pump was installed in January 1988. The DHCR disagreed. The installation was completed when the boiler/burner installation itself was completed, not when all adjustments were made or all defects corrected. To obtain rent increases for rent-stabilized tenants, landlord must file an MCI application within two years of completion of the installation. However, this time limit doesn't apply to rent-controlled tenants. The DRA erred in not granting an increase for landlord's rent-controlled tenants.

[Athineos: DHCR Adm. Rev. Dckt. No. EK 230355-RT (11/19/92)]. 4-page document.