No Increase for Conversion of Oil Burner

LVT Number: 12522

Landlord applied for MCI rent increases based on installation of a new boiler. The DRA ruled against landlord, and landlord appealed. The DHCR also ruled against landlord. Landlord hadn't actually installed a new boiler. Instead landlord converted an oil burner to a combined oil and gas burner. This conversion didn't qualify as an MCI. In addition, landlord didn't submit a contractor's certification or an acceptable substitute for the work. And landlord showed that the proposed price for the work was $12,000 but only submitted a canceled check for $6,000.

Landlord applied for MCI rent increases based on installation of a new boiler. The DRA ruled against landlord, and landlord appealed. The DHCR also ruled against landlord. Landlord hadn't actually installed a new boiler. Instead landlord converted an oil burner to a combined oil and gas burner. This conversion didn't qualify as an MCI. In addition, landlord didn't submit a contractor's certification or an acceptable substitute for the work. And landlord showed that the proposed price for the work was $12,000 but only submitted a canceled check for $6,000. So the DHCR couldn't tell what portion of the proposed work was done.

Elk Investors: DHCR Adm. Rev. Dckt. No. DA410262RO (3/19/98) [3-page document]

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