Landlord Didn't Submit Agency Signoffs for Boiler Replacement

Landlord applied for MCI rent hikes based on a boiler replacement. The DRA ruled against landlord because landlord didn't submit required signoffs from DOB and DEP. Landlord appealed, claiming that no Certificate of Electrical Inspection from DOB was needed because no electrical work was done in connection with the boiler replacement. Landlord also claimed that its subcontractor hadn't responded to its request for a Certificate of Asbestos Abatement from DEP. The DHCR ruled against landlord. The DHCR's MCI application instructions clearly state that landlords must submit a Certificate of Electrical Inspection for any boiler/burner installation. Landlord also failed to explain how the boiler replacement could be completed without electrical work, especially when the contract's description of the work includes a statement that the contractor would "wire the boiler." As to the asbestos abatement signoff, landlord still hadn't submitted this document and offered no further explanation as to why it couldn't obtain it.

115 East 89th Street: DHCR Adm. Rev. Docket No. UL430053RO (6/12/08) [2-pg. doc.]