Useful Life of Boiler Hadn't Expired

Landlord applied for MCI rent hikes based on the installation of a new boiler. The DRA ruled against landlord because the useful life of the old boiler hadn't expired and landlord hadn't sought a waiver of the useful-life requirement. Landlord appealed, claiming that the new boiler was installed on an emergency basis and there was no time to file for a prior useful-life waiver. The DHCR ruled against landlord. Landlord didn't show any emergency; landlord's emergency claim wasn't credible; the installation was done five months after permit applications to the city were made; landlord misstated the age of other capital improvements to the building; and landlord stated in its MCI application only that the old boiler was inefficient and obsolete.

1301 Ave. K Realty LLC: DHCR Admin. Rev. Dckt. No. QA230046RO (3/12/02) [3-pg. doc.]