New Boiler Replaced While Application Pending

Landlord applied for MCI rent increases based on several improvements, including a new boiler/burner installed in April 1989. The DRA granted landlord's application, and tenants appealed. Tenants claimed that the boiler/burner landlord installed was second-hand and defective. It had to be replaced within a year. Landlord admitted that the boiler/burner installed in April 1989 was replaced 14 or 15 months later while the MCI application was still pending. The DHCR revoked the rent increase for the boiler. The first boiler/burner was admittedly defective, and landlord should have informed the DRA about the replacement.

330 East 77th Street: DHCR Adm. Rev. Dckt. Nos. GG 410150-RT, GG 410159-RT, GG 410194-RT, GG 410225-RT (4/14/93) [4-page document]