MCI Rent Hike for Rewiring Denied

LVT Number: #29809

Westchester County landlord applied for MCI rent hikes based on a number of improvements. The DRA ruled for landlord in part, but denied any increase for rewiring because landlord didn't submit electrical sign-offs for the work, and the work invoice didn't indicate that feeders/risers were installed in all apartments. Landlord appealed and lost. Landlord argued for the first time in his PAR that the Village of Tarrytown didn't issue electrical sign-offs and instead issues certificates of compliance. Landlord submitted an "updated certificate" with its PAR.

Westchester County landlord applied for MCI rent hikes based on a number of improvements. The DRA ruled for landlord in part, but denied any increase for rewiring because landlord didn't submit electrical sign-offs for the work, and the work invoice didn't indicate that feeders/risers were installed in all apartments. Landlord appealed and lost. Landlord argued for the first time in his PAR that the Village of Tarrytown didn't issue electrical sign-offs and instead issues certificates of compliance. Landlord submitted an "updated certificate" with its PAR. But landlord didn't explain why the updated certificate wasn't submitted with its MCI application, and the DHCR wouldn't consider this proof for the first time on appeal. As to the risers/feeders, the submitted work invoice showed that new copper risers and feeders weren't installed in all apartments. Although landlord's contractor submitted a statement with landlord's PAR that risers and feeders were installed in all apartments, this statement was inconsistent with the work invoice.

Jamnik: DHCR Adm. Rev. Docket No. GM910013RO (10/18/18) [2-pg. doc.]

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