Tenants Claim New Boiler Gave Inadequate Heat

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.)

Landlord applied for MCI rent hikes based on the installation of a new boiler/burner and asbestos removal. The DRA ruled for landlord. Tenants appealed, claiming that there was inadequate heat since the installation of the new boiler, as well as building-wide water leaks and roach and mice infestation. Tenants also argued that any MCI rent hike should be temporary, not permanent. The DHCR ruled against tenants. There was no building-wide rent reduction order in effect when the MCI rent hikes were granted. And New York’s highest court had previously ruled that MCI rent hikes were permanent, and didn’t end when the increase was recouped after seven years.

Laub: DHCR Adm. Rev. Docket No. VF230030RT (1/30/08) [4-pg. doc.]