Landlord Didn't Get Useful-Life Waiver

Landlord applied for MCI rent hikes based on the installation of a boiler. The DRA ruled against landlord. Landlord got an MCI rent hike for a boiler and an oil tank installation in 1998. The 25-year useful life of the boiler oil tank hadn't expired yet, and landlord didn't apply for a waiver of the useful-life requirement. Landlord appealed, arguing that he converted from an oil boiler to a gas boiler. The old boiler and oil tank were completely removed and replaced with the better working gas boiler. The DHCR ruled against landlord. Rent Stabilization Code provisions and DHCR Operational Bulletin 90-2 require landlord to seek a waiver of the useful-life requirement before filing an MCI application for the same type of equipment. It didn't matter whether the new boiler was of a different type than the old boiler. Landlord also didn't claim that there was an emergency boiler replacement that might exempt him from the prior application requirement for the useful-life waiver.

48-20 46th Street: DHCR Adm. Rev. Docket No. WA110048RO (5/21/08) [3-pg. doc.]