No Proof Gas Main Installation Work Was Within Property Line

Landlord applied to the DHCR for MCI rent hikes based on installation of a burner and backflow preventer. The DRA ruled for landlord in part, but denied costs for a gas main installation. Landlord appealed and lost. Landlord claimed that the gas main installation was necessary to, and performed in conjunction with, the installation of the new oil/gas burner. The DHCR noted that, following enactment of NYC Local Law 43, landlords were required to discontinue the use of heating oil No. 6 and No. 4 in boiler and burner systems and to convert these systems to operate using either No. 2 oil or natural gas. After that, the DHCR allowed certain conversion costs when processing MCI applications for primary system conversions (burners) provided the conversion was done in compliance with, or pursuant to, Local Law 43. Such costs include gas lines if installed within property lines, from the property line to a boiler/burner. But landlord didn't respond to the DHCR's Request for Additional Information (RFAI) seeking information to determine whether the claimed piping work included main/gas piping installed outside the property line. So landlord's application was properly dismissed.

Lissard Equities LLC: DHCR Adm. Rev. Docket No. ER430034RO (9/17/21)[2-pg. document]