No Written Contract for Claimed Exterior Restoration Work

LVT Number: #20117

Landlord applied for MCI rent hikes based on exterior restoration work, installation of lobby and vestibule doors, and related architectural fees. The DRA ruled against landlord because no written contract was submitted documenting the work. Landlord appealed, and submitted a contract as well as sworn statements from himself and the contractor explaining why a written contract didn't exist previously. The DHCR ruled against landlord. The DHCR requires submission of a written contract itemizing the work performed.

Landlord applied for MCI rent hikes based on exterior restoration work, installation of lobby and vestibule doors, and related architectural fees. The DRA ruled against landlord because no written contract was submitted documenting the work. Landlord appealed, and submitted a contract as well as sworn statements from himself and the contractor explaining why a written contract didn't exist previously. The DHCR ruled against landlord. The DHCR requires submission of a written contract itemizing the work performed. Other documents submitted by landlord with its application contained only a brief line-item description of various work categories. They didn't provide necessary details regarding the work performed. It also didn't matter that landlord claimed that it had a verbal contract for the work. The DRA couldn't determine whether the work qualified as an MCI from what was submitted.

156 West 86th Street: DHCR Adm. Rev. Docket No. UG430044RO (9/27/07) [5-pg. doc.]

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