Contractor Affidavit Signed Before Work Completed

Landlord applied for MCI rent hikes based on a number of improvements. The DRA ruled for landlord, and tenants appealed. Tenants questioned landlord's proof of the improvements. Among other things, landlord had used many contractors, and tenants claimed that the work was duplicated. They also pointed out that one contractor signed an affidavit in March 2003 stating that the work was done, although the work wasn't completed until July 2003. Landlord said that it had to get the contractor's signature before the work was completed because the contractor was going on a long vacation out of the country, and landlord needed to make sure that it had paperwork so it could file the MCI application on time. The DHCR ruled against tenants. Landlord got the contractor's signature early to comply with the MCI application procedures, and the record otherwise showed that the work was completed and the cost proved. There were no complaints regarding the quality or adequacy of this portion of the work.

Various Tenants of 601 40th St., Bklyn.: DHCR Adm. Rev. Dckt. No. SF230069RT (2/16/05) [4-pg. doc.]