Landlord Didn't Obtain Certificate to Operate Boiler

(Decision submitted by David Hershey-Webb, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP, attorneys for the tenants.)

Landlord applied for MCI rent hikes based on installation of a new boiler. The DRA ruled against landlord because landlord didn't submit a required Certificate to Operate from the NYC Dept. of Environmental Protection (DEP). Landlord appealed and lost. Landlord argued that DEP's delay in issuing the Certificate was beyond landlord's control. But it is longstanding DHCR policy and practice that the Certificate to Operate from DEP is a required submission for MCI approval. Landlord was on notice, since before filing its application, that this document was needed. It was also unclear whether DEP or landlord delays were responsible for the failure to obtain the certificate.

Columbus Manor LLC & Westwood House LLC: DHCR Adm. Rev. Docket No. AT410038RO (3/22/19) [2-pg. doc.]