Landlord Submitted Missing Certificate of Approval

Landlord applied for MCI rent hikes based on installation of a new boiler. The DRA ruled against landlord because landlord didn't submit the required certificate of approval for an oil burning installation. Landlord appealed, claiming that he applied for the approval as soon as he learned it was required and that he received it from the installer two days after the DRA's order was issued. The DHCR ruled for landlord. Considering all the facts in the case, landlord was deemed to have completed its application. The rent increases for rent-stabilized tenants were made effective as of the first rent payment date 30 days after landlord submitted the missing certificate of approval.

Mogor: DHCR Adm. Rev. Dckt. No. DK130034RO (3/21/96) [2-page document]