Landlord Not Limited to Cost Outlined in Prior Opinion
LVT Number: 9180
Tarrytown landlord applied for MCI rent hikes based on the installation of new aluminum siding around the building's entrances, overheads, and rafter overhangs, and to cover wood trim. Landlord had previously applied for a prior opinion and originally estimated that the work would cost $170,000. The DRA ruled that the work qualified as an MCI. Tenants claimed that landlord was limited to the original estimated amount---not the actual cost of approximately $454,000---even if it did qualify for the MCI. The DHCR ruled for landlord. The work qualified as an MCI. And the actual proven costs are used in computing the hike, even though the prior opinion was based on estimated costs.
Various Tenants of 177 White Plains Road: DHCR Adm. Rev. Dckt. Nos. HJ 930021-RT et al. (9/12/94) [12-page document]