Insufficient Proof of Exterior Renovations

Landlord applied for MCI rent hikes based on exterior restoration work to her building. The DRA ruled against landlord, finding that no written contracts for the claimed restoration work had been submitted with landlord's application. Landlord appealed. Although landlord originally had claimed that there was no written contract, she now submitted a copy of a contract, as well as other documents she claimed were sufficient proof of the cost of the work. The DHCR ruled against landlord. Landlord submitted conflicting statements concerning how the contract now was found to exist. And other documents weren't sufficient to prove the MCIs. Landlord submitted a contractor's requisitions, which contained only a brief line-item description of various work categories. These documents didn't provide necessary details regarding the work. For example, the requisitions describe the roof work only as "replacement." There was no way to clearly determine whether the work was comprehensive or qualified as a major capital improvement.

Schessel: DHCR Adm. Rev. Docket No. UG430044RO (9/27/07) [5-pg. doc.]