Useful Life of Prior Hot Water Heater Hadn't Ended

Landlord applied for MCI rent increases based on the installation of a new hot water heater. The DRA ruled against landlord because the useful life of the prior hot water heater hadn't expired, and landlord appealed. The DHCR also ruled against landlord. The useful life of a hot water heater is deemed by the DHCR to be 10 years. Landlord's prior hot water heater was only five years old. While landlord claimed in its PAR that emergency replacement was needed and that the DHCR should waive the useful life period, it hadn't made this argument or explained these circumstances in its MCI application.

19 Greenwich Ave.: DHCR Adm. Rev. Dckt. No. LG430035RO (2/4/99) [2-pg. doc.]