Useful Life of Prior Boiler/Burner Didn't Matter

July 23, 2019

LVT Number: #30251

Landlord applied to the DHCR for MCI rent hikes based on installation of a new boiler/burner. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that the replaced boiler/burner was less than 25 years old and therefore hadn't exhausted its useful life. So no MCI increase should have been granted. But landlord never applied for, or obtained, a prior MCI increase for a boiler/burner. So it didn't matter how old the replaced equipment was.

Landlord applied to the DHCR for MCI rent hikes based on installation of a new boiler/burner. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that the replaced boiler/burner was less than 25 years old and therefore hadn't exhausted its useful life. So no MCI increase should have been granted. But landlord never applied for, or obtained, a prior MCI increase for a boiler/burner. So it didn't matter how old the replaced equipment was.

Anderson: DHCR Adm. Rev. Docket No. GS210025RT (5/14/19) [2-pg. doc.]

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