Landlord Proved New Boiler Was Installed

Landlord applied for MCI rent hikes based on the installation of a new boiler. The DRA ruled for landlord. Tenant appealed, claiming that no new boiler had been installed. The DHCR ruled against tenant. Tenant didn't raise this claim before the DRA although given the opportunity to do so. In addition, landlord submitted documents that supported its application. These included a contract for payment of $128,000 upon completion of the boiler installation, copies of cancelled checks totalling $128,000, a "Certificate to Operate" issued by the NYC Department of Environmental Protection - Bureau of Environmental Compliance and dated Aug. 29, 2011, and a DOB computer printout sign-off dated Dec. 29, 2010.

1727 Walton Avenue: DHCR Adm. Rev. Docket No. ZK630036RT (12/20/12) [2-pg. doc.]