Landlord Gets MCI Rent Hike for New Boiler

The DRA granted landlord's application for MCI rent hikes based on installation of a new boiler/burner. Tenants appealed and lost. Tenants claimed that the useful life of the prior boiler hadn't expired since the new boiler was installed less than 35 years after the prior boiler was installed. But landlord obtained a prior MCI rent hike in 1983 for installation of a steel boiler. Rent Stabilization Code Section 2522.4(a)(2)(d) provided that the useful life of a steel boiler was 20 years. The new boiler was installed 30 years after the prior boiler was installed. So the MCI increase was properly granted.

Jaffe/Kliman: DHCR Adm. Rev. Docket No. FS430039RT (10/19/18) [2-pg. doc.]