Old Boiler Hadn't Exceeded Its Useful Life

Landlord applied in 2007 for MCI rent hikes based on the installation of a new boiler. The DRA ruled against landlord because the prior boiler hadn't outlived its useful life and landlord had received an MCI increase for the prior installation of a boiler/burner. Landlord appealed and lost. Landlord claimed that the prior installation consisted of a burner only and submitted 1989 DOB records stating that landlord had submitted an application for a new burner. The DHCR noted that it no longer had landlord's prior MCI application on file, but other DHCR records showed that a tax abatement proceeding was opened after landlord applied to HPD for a tax abatement relating to the prior MCI. A copy of an "owner's declaration" submitted to HPD at the time stated that the prior MCI installation was a "boiler-burner." And an HPD Certificate of Eligibility stated that the MCI installation for which the tax abatement was granted consisted of a boiler/burner. 

2080 Ocean Avenue: DHCR Adm. Rev. Docket No. YF210023RO (5/22/13) [2-pg. doc.]