Landlord Didn't Submit DOB Sign-Off

Landlord applied for MCI rent hikes based on the installation of a new roof and repointing. The DRA ruled for landlord but disallowed the costs for fire escape work, rebuilding of a basement entrance, main sewer work, and repainting of the common area. The DRA also disallowed heating upgrade costs for a new gas boiler because landlord didn't submit the required DOB sign-off.

Landlord appealed and lost. Landlord didn't apply for DOB approval of the new gas boiler until more than two years after completion of the installation. Although landlord claimed that it wasn't aware that the DOB sign-off was needed, it checked the box on the MCI application indicating that all required governmental approvals were submitted. The DRA also asked landlord to submit the DOB sign-off in a letter issued before the DRA ruled on the MCI application. Landlord didn't submit the sign-off until after the DRA denied this portion of its MCI application. The DHCR also found that the new boiler work was done in a piecemeal manner. Landlord admitted that necessary work completed more than two years after the initial boiler installation included chimney and asbestos certification for the boiler room, relocation of the pressure control and low water cutoff, and installation of a new boiler room vent. All showed that the boiler replacement wasn't a unified project.

Matejka: DHCR Adm. Rev. Docket No. ER110032RO (6/30/17) [2-pg. doc.]