Landlord Didn't Prove Contractor Injury Caused Delay

June 30, 2003

LVT Number: 16649

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DRA ruled against landlord. The DRA found that landlord performed the work in a piecemeal manner over three years and filed its MCI application more than two years after the work was completed. Landlord appealed, claiming that the work wasn't piecemeal but was interrupted because the contractor was injured and couldn't work between November 1989 and November 1991. The DHCR ruled against landlord. Although asked to, landlord submitted no statement from the contractor or any other proof to support its claim.

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DRA ruled against landlord. The DRA found that landlord performed the work in a piecemeal manner over three years and filed its MCI application more than two years after the work was completed. Landlord appealed, claiming that the work wasn't piecemeal but was interrupted because the contractor was injured and couldn't work between November 1989 and November 1991. The DHCR ruled against landlord. Although asked to, landlord submitted no statement from the contractor or any other proof to support its claim.

JHJ Realty LLC: DHCR Adm. Rev. Dckt. No. PH430006RP (5/7/03) [6-pg. doc.]

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