Landlord's Smoke Stack Installation Was Piecemeal

Landlord applied for MCI rent hikes based on the installation of a new roof and smoke stack. The DRA ruled for landlord in part, granting the increase for the roof. But the DRA denied any increase for the smoke stack, finding that the work was piecemeal. Landlord appealed and lost. Landlord claimed that the entire chimney was done in two stages. The contractor replaced the existing chimney flue from the top of the brick pier to 5 feet above the roof level. Another contractor, who installed a new automatic gas heating system, was responsible for removing the existing breeching and installing new breeching, and installing a new chimney flue from the heating sources to the base of the smoke stack. The contracts were made within a month of each other in 2005. But the documents landlord submitted to the DRA indicated that the contractor completed removal of the existing chimney flue and installation of a new smoke stack in September 2005. A letter from the other contractor stated that it would complete the installation of the additional flue to the heating source in September 2007, which was two years later. And the flue to the heating sources wasn't even completed at the time landlord filed its MCI application for the smoke stack.  

221 East 89th Street: DHCR Adm. Rev. Docket No. VI410069RO (2/25/13) [2-pg. doc.]