Useful-Life Requirement Waived

May 31, 2004

LVT Number: 17357

Landlord applied for MCI rent hikes based on the installation of a new boiler. The DRA ruled against landlord, finding that the useful life of the old boiler hadn't expired. Landlord appealed. Landlord said she had to replace the boiler because of an emergency. The old boiler had a major leak. The DHCR ruled for landlord and granted the MCI rent hike. Landlord's contractor confirmed that the boiler replacement was needed. Under Operational Bulletin 90-2, landlord was entitled to MCI rent hikes based on the cost of the new boiler minus the previously approved cost of the old boiler.

Landlord applied for MCI rent hikes based on the installation of a new boiler. The DRA ruled against landlord, finding that the useful life of the old boiler hadn't expired. Landlord appealed. Landlord said she had to replace the boiler because of an emergency. The old boiler had a major leak. The DHCR ruled for landlord and granted the MCI rent hike. Landlord's contractor confirmed that the boiler replacement was needed. Under Operational Bulletin 90-2, landlord was entitled to MCI rent hikes based on the cost of the new boiler minus the previously approved cost of the old boiler.

Panos: DHCR Adm. Rev. Dckt. No. RL210034RO (3/30/04) [3-pg. doc.]

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