Landlord Sufficiently Documented Additional Costs

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DRA ruled for landlord except that he disallowed the amount of the claimed cost that was over and above the original contract amount. The DRA found that landlord should have submitted change orders or a new contract for the additional work claimed. Landlord appealed and won. Landlord submitted a contractor's statement that the scope of work was changed prior to commencement of the work, that the revised contract included a cost breakdown of all the claimed work, and that landlord had submitted to the DRA a letter from its architect who stated that the additional work was necessary and a letter from the contractor detailing the revised contract amount. Landlord also had submitted a letter from the contractor stating that no change orders were completed since the contract was revised before the work started and that many small contractors don't write up change orders especially when the change is made before work is started. The DHCR approved the additional costs for the pointing and waterproofing.

1685 Morris Avenue: DHCR Adm. Rev. Docket No. WE630073RO (5/29/13) [2-pg. doc.]