Landlord Didn't Seek Useful-Life Waiver

Landlord applied for MCI rent hikes based on the installation of a new boiler and hot water heater. The DRA ruled against landlord because it had obtained a prior MCI rent increase for a boiler in 1990. Under the DHCR's schedule, the boiler's useful life hadn't expired. Landlord appealed, claiming, for the first time, that the old boiler had cracked and broken in several places. Emergency installation of the new boiler was needed. The DHCR ruled against landlord. Landlord didn't seek a useful-life waiver before filing its MCI application, or even at the time of its initial filing. Landlord claimed that it didn't know about the useful-life waiver, but DHCR's Operational Bulletin 90-2 is clear about the procedure for getting the waiver.

31-32 36th Street: DHCR Adm. Rev. Docket No. VC110087RO (7/26/07) [2-pg. doc.]