Cost of Environmental Consultant Included in MCI Rent Hike

LVT Number: #20615

Landlord applied for MCI rent hikes based on window installation, window manufacturing, installation of a sidewalk shed while the work was being done, and use of an environmental consultant in connection with the work. The DRA ruled for landlord. Tenant appealed, claiming that landlord didn't need an environmental consultant and that this portion of the cost should be disallowed. The DHCR ruled against tenant. Landlord showed that the age and construction of the building posed an environmental hazard and it needed to employ an environmental consultant.

Landlord applied for MCI rent hikes based on window installation, window manufacturing, installation of a sidewalk shed while the work was being done, and use of an environmental consultant in connection with the work. The DRA ruled for landlord. Tenant appealed, claiming that landlord didn't need an environmental consultant and that this portion of the cost should be disallowed. The DHCR ruled against tenant. Landlord showed that the age and construction of the building posed an environmental hazard and it needed to employ an environmental consultant. The consultant conducted lead tests, which led to lead abatement services. At the same time, the DRA had disallowed the cost of a project manager since a window installer and window project manager served similar purposes.

219-225 West 86th Street: DHCR Adm. Rev. Docket No. SH430086RT (5/6/08) [3-pg. doc.]

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