Manhattan, pre-war walkup, I am a rent-stabilized 1-BR on a 2-year renewal, but most units in the building are fair market leases.
New owners converted oil#2 burner to gas, and applied for MCI increase. I opposed on 3 grounds, two as to law, one as to fact:
1. The conversion was not for tenant's benefit: no change in service to me, I still get the same heat/hot water, delivered via the same pipes/radiators. The only benefit is the cost saving to the LL. They are saving money, and I am supposed to pay more. As a matter of law, the MCI did not 'directly or indirectly benefit all tenants,' as required by fact sheet #24, and the increase should have been denied;
2. Life-expectancy of this (2001) 12-year-old oil burner was 20 years according to the 'useful life schedule' set forth in Fact Sheet #33, which also requires that LL apply for a waiver of this 'useful life' provision before the work commences. LL did not apply for a waiver, nor was one granted. And, #2 oil is in compliance with NYC regs through 2030, and certainly within the useful life of the oil burner (which would have been 2021). As a matter of law, the MCI increase should have been denied;
3. The PW1 application specified a job cost of $18,000, and was submitted by a named individual and company. The paperwork submitted in support of the MCI Increase claimed $50,000 costs, and showed checks and receipts paid to a different company. Based on these facts, there is a question as to the costs and payments, and the increase, should be adjusted in accord with the facts.
In his Order Granting MCI Increase, the Rent Administrator listed my objections, but granted the increase without comment as to them, and without any explanation why they lacked merit in his view.
I am prepared to file a Petition for Administrative Review, but would like to know whether I am spinning my wheels. Do my arguments lack merit? Are these oil-to-gas conversions 'rubber-stamped' as a matter of policy? Are the 'useful-life' and 'useful-life waiver' provisions not enforced? And is there no raising of eyebrows when the numbers don't add up, as they do not in this case?
Thank-you.
h.