MCI Increase for HVAC Replacement Denied

LVT Number: #30562

Landlord applied for MCI rent hikes based on replacement of an HVAC system, including related general construction and engineering costs. The DRA ruled against landlord, finding that the work was done on a piecemeal basis. Landlord appealed and lost. The DRA correctly found that the work wasn't performed as a single unified project. There were two complete cessations of work, for seven and nine months respectively, and then two subsequent recommencements leading ultimately to a completion.

Landlord applied for MCI rent hikes based on replacement of an HVAC system, including related general construction and engineering costs. The DRA ruled against landlord, finding that the work was done on a piecemeal basis. Landlord appealed and lost. The DRA correctly found that the work wasn't performed as a single unified project. There were two complete cessations of work, for seven and nine months respectively, and then two subsequent recommencements leading ultimately to a completion. There also was no proof to support landlord's further claim that the months-long cessations in work were due to factors beyond the owner's control. 

Charles H. Greenthal Management: DHCR Adm. Rev. Docket No. BV410045RO (11/4/19) [2-pg. doc.]

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