Architect Expenses Not Included

January 1, 1998

LVT Number: 12012

Landlord applied for MCI rent hikes based on the installation of new windows building-wide. The DRA ruled for landlord, in part, but disallowed the claimed costs of architect's fees paid to get approval from the Landmarks Preservation Commission (LPC). Landlord appealed. The building was located in a Brooklyn Heights landmark district, and the law required LPC approval of the window installation. To get this approval, landlord had to file an application with many drawings and specifications and appear before the LPC. The DHCR ruled against landlord.

Landlord applied for MCI rent hikes based on the installation of new windows building-wide. The DRA ruled for landlord, in part, but disallowed the claimed costs of architect's fees paid to get approval from the Landmarks Preservation Commission (LPC). Landlord appealed. The building was located in a Brooklyn Heights landmark district, and the law required LPC approval of the window installation. To get this approval, landlord had to file an application with many drawings and specifications and appear before the LPC. The DHCR ruled against landlord. Landlord didn't prove that architect expenses were both necessary and customary to complete the window installation. So this cost didn't qualify for an MCI rent increase.

Marca Assocs./Grob: DHCR Adm. Rev. Dckt. Nos. GG230125RO, GF210396RT, GF220503RT, GG220176RT (8/26/97) [3-page document]

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