Landlord Didn't Include DOB Filing Fees in Claimed MCI Costs

LVT Number: #30499

Landlord applied for MCI rent hikes, and the DRA ruled for landlord in part, granting increases for a garage roof for an underground garage and related costs for a surface parking lot. The DRA disallowed $20,000 for DOB filing fees. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal. The DHCR agreed to take the case back for reconsideration of whether landlord claimed DOB filing fees as MCI costs. The DRA again disallowed these costs based on landlord's failure to submit requested proof.

Landlord applied for MCI rent hikes, and the DRA ruled for landlord in part, granting increases for a garage roof for an underground garage and related costs for a surface parking lot. The DRA disallowed $20,000 for DOB filing fees. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal. The DHCR agreed to take the case back for reconsideration of whether landlord claimed DOB filing fees as MCI costs. The DRA again disallowed these costs based on landlord's failure to submit requested proof. Landlord appealed and argued again that the DOB filing fees were never claimed with the MCI costs. Landlord submitted some documentation in the form of contractor invoices showing how the permit fees were paid. So the DHCR added $0.05 per room per month to the total approved MCI cost.

Argentina Leasing, LP & Brazil Leasing, LP: DHCR Adm. Rev. Docket No. GQ110009RP (10/4/19) [3-pg. doc.]

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