Unrelated Service Complaints Don't Bar MCI Rent Hike for New Gas Boiler

The DRA granted landlord's MCI rent hike application based on installation of a new gas boiler. Tenant appealed and lost. Tenant claimed that a new boiler wasn't a major capital improvement and that there were other building-wide service conditions that should prevent the MCI rent increase. But it's the DHCR's established position that the installation of a new boiler is an MCI, and, in this case, landlord correctly complied with applicable procedures for an MCI rent increase. Tenant's service complaints were unrelated to the boiler and tenant could seek a rent reduction from the DHCR based on failure to maintain building-wide services if warranted.

Hajjar: DHCR Adm. Rev. Docket No. FV230014RT (11/3/17) [1-pg. doc.]