Labor Cost Adjustment Granted for Part-Time Handyman

April 17, 2007

LVT Number: 19511

Landlord applied for a labor cost adjustment to the maximum rents for 2000--2001. Landlord stated that he had one building service employee, a handyman who worked 15 hours per week. The DRA ruled for landlord and increased tenant's maximum collectible rent by $26.54 per month, effective June 1, 2006. Tenant appealed, claiming that the building had no employees. The DHCR ruled against tenant. Tenant didn't raise this claim before the DRA and didn't explain why she raised it for the first time on appeal. Therefore, the DHCR couldn't consider tenant's argument.

Landlord applied for a labor cost adjustment to the maximum rents for 2000--2001. Landlord stated that he had one building service employee, a handyman who worked 15 hours per week. The DRA ruled for landlord and increased tenant's maximum collectible rent by $26.54 per month, effective June 1, 2006. Tenant appealed, claiming that the building had no employees. The DHCR ruled against tenant. Tenant didn't raise this claim before the DRA and didn't explain why she raised it for the first time on appeal. Therefore, the DHCR couldn't consider tenant's argument. In addition, landlord had submitted proof of payroll records showing that the handyman was employed during the period in question.

Balan: DHCR Adm. Rev. Docket No. UF120012RT (1/30/07) [2-pg. doc.]

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