Managing Agent's Certification Doesn't Prove Pointing Work Done

LVT Number: 10993

Landlord applied for MCI rent increases based on pointing and waterproofing. The DRA ruled against landlord because landlord didn't submit a contractor's statement certifying that all exposed sides of the building were examined prior to the work. Landlord appealed, claiming it submitted proof that the examination had been done. The DHCR ruled against landlord. Landlord had submitted only a diagram and a statement from its managing agent that all exposed sides of the building had been examined prior to the pointing/waterproofing work. This wasn't sufficient.

Landlord applied for MCI rent increases based on pointing and waterproofing. The DRA ruled against landlord because landlord didn't submit a contractor's statement certifying that all exposed sides of the building were examined prior to the work. Landlord appealed, claiming it submitted proof that the examination had been done. The DHCR ruled against landlord. Landlord had submitted only a diagram and a statement from its managing agent that all exposed sides of the building had been examined prior to the pointing/waterproofing work. This wasn't sufficient. A statement from an engineer or architect should also have been submitted.

Estate of Melohn: DHCR Adm. Rev. Dckt. No. GE230161RO (7/16/96) [3-page document]

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