Replacement of Eight-Year-Old Boiler

LVT Number: 13842

Landlord applied for MCI rent hikes based on the installation of a hot water boiler and storage tank. The DRA ruled against landlord, finding that the useful life of the previous hot water boiler hadn't been exhausted. Landlord appealed, pointing out that no MCI application had been filed for the old boiler, which was only eight years old when it was replaced. The DHCR ruled for landlord. There was no DHCR record and no claim by tenants that landlord collected an MCI rent increase for the prior boiler. So landlord could collect an MCI increase for the new boiler.

Landlord applied for MCI rent hikes based on the installation of a hot water boiler and storage tank. The DRA ruled against landlord, finding that the useful life of the previous hot water boiler hadn't been exhausted. Landlord appealed, pointing out that no MCI application had been filed for the old boiler, which was only eight years old when it was replaced. The DHCR ruled for landlord. There was no DHCR record and no claim by tenants that landlord collected an MCI rent increase for the prior boiler. So landlord could collect an MCI increase for the new boiler.

128 E. 35th St.: DHCR Adm. Rev. Dckt. No. GG430123RO (12/17/99) [3-pg. doc.]

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