Replaced Boiler Only Eight Years Old

LVT Number: #25095

Landlord applied for MCI rent hikes based on the installation of a new boiler. Landlord claimed that the replaced boiler was 30 years old. The DRA ruled against landlord, who appealed and lost. The DRA had asked landlord to submit a copy of the contract for the work, and to explain a discrepancy in proof of payment. Landlord also failed to explain why DOB records showed that a new boiler had been installed in 1999, only eight years before landlord filed its MCI application. And landlord didn't seek a waiver of the useful-life requirement before filing its MCI application.

Landlord applied for MCI rent hikes based on the installation of a new boiler. Landlord claimed that the replaced boiler was 30 years old. The DRA ruled against landlord, who appealed and lost. The DRA had asked landlord to submit a copy of the contract for the work, and to explain a discrepancy in proof of payment. Landlord also failed to explain why DOB records showed that a new boiler had been installed in 1999, only eight years before landlord filed its MCI application. And landlord didn't seek a waiver of the useful-life requirement before filing its MCI application.

34-24 44th Street: DHCR Adm. Rev. Docket No. WK110023RO (8/16/13) [3-pg. doc.]

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