Electrical Upgrading Not Performed Building-Wide

LVT Number: #23834

Landlord applied for MCI rent hikes based on electrical upgrading. The DRA ruled against landlord because the work had been done in only 10 of the building's 12 apartments. Landlord appealed and lost. Landlord claimed that the tenant of combined Apartment 1A-1B had refused access for the work to be done. But information submitted to the DRA didn't prove this. Landlord submitted only a statement from tenant that no electrical work had been done in the apartment after tenant told landlord that an electrical upgrading was done in his apartment before 1992.

Landlord applied for MCI rent hikes based on electrical upgrading. The DRA ruled against landlord because the work had been done in only 10 of the building's 12 apartments. Landlord appealed and lost. Landlord claimed that the tenant of combined Apartment 1A-1B had refused access for the work to be done. But information submitted to the DRA didn't prove this. Landlord submitted only a statement from tenant that no electrical work had been done in the apartment after tenant told landlord that an electrical upgrading was done in his apartment before 1992. There was no indication that landlord attempted, or was denied, access. In addition, there was no proof submitted that the wiring in tenant's apartment didn't need upgrading. Landlord also submitted no conclusive proof, such as DOB records, showing that an electrical upgrade actually had been done previously in tenant's apartment.

245 East 55th Street: DHCR Adm. Rev. Docket No. YA410062RO (11/16/11) [3-pg. doc.]

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