Useful Life of Burner Had Expired

Landlord applied for MCI rent hikes based on the installation of a new burner. The DRA ruled against landlord, finding that the useful life of the old equipment hadn't expired. Landlord appealed and won. Landlord showed that the old burner was installed in 1983. The replacement burner was installed in 2004, more than 20 years later. Among other things, landlord submitted to the DHCR a Certificate to Operate the old burner that was issued in 1983 by the NYC Department of Environmental Protection, a letter from the former managing agent dated Aug. 8, 1982, advising tenants of its intent to install a new boiler and burner at that time, and a 2008 letter from the boiler company that installed both burners, stating that it installed the old burner in 1983.

435 Fort Washington Avenue: DHCR Adm. Rev. Docket No. XC430004RP (8/27/09) [3-pg. doc.]