Landlord's Misstatement of Heating System's Age Delays Rent Hike

Landlord applied for MCI rent hikes based on the installation of a new burner. Landlord stated that the prior burner was 15 years old when replaced. The DRA ruled against landlord because landlord hadn't gotten a prior waiver of the useful-life requirement. Landlord appealed. Landlord had misstated the age of the prior burner. It was at least 35 years old. Landlord asked that the effective date of the MCI increases be made retroactive to after initial notice was given to tenants of landlord's application. The DHCR ruled against landlord. The initial denial of landlord's MCI application was due to landlord's misstatement of fact. So it was not unreasonable for the DRA to have made the effective date of the rent hikes the first rent payment date following issuance of the order approving the rent hikes.

306 Huguenot Street Corp./Sussman: DHCR Adm. Rev. Docket Nos. VA910013RO, VA910016RT (5/11/07) [4-pg. doc.]