Landlord Not Given Chance to Submit Government Approval

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied for MCI rent hikes based on the installation of a hot-water heater and a new boiler room door. The DRA granted the rent hike for the door but denied any rent hike for the hot-water heater. The DRA found that landlord didn't submit the required government approval for the installation. Landlord appealed. Landlord showed that it had responded to all of the DRA's requests for additional information but that the DRA never asked for proof of the government approval. And landlord submitted proof with its PAR that it had applied for the approval but hadn't yet received it. The DHCR ruled for landlord and sent the case back to give landlord a chance to submit the government approval.

56 Mac D. Inc.: DHCR Adm. Rev. Dckt. No. RK430012RO (1/7/04) [2-pg. doc.]