Rescinded DOB Stop-Work Order Didn't Bar MCI Increase

Landlord applied for MCI rent hikes based on the installation of a new roof. The DRA ruled for landlord, and approved a cost of $35,200 for roof replacement with metal flashing. Tenants appealed and lost. Among other things, tenants claimed that the roof work was done due to a fire, that the cost of the work was paid for by landlord's insurance proceeds, and that the work was done without a DOB permit. It didn't matter why the work was done, and landlord's insurance proceeds were deducted from the claimed MCI costs. And while DOB had issued a violation to landlord for doing this work without a permit and had issued a stop-work order, DOB later issued a stop-work rescind order. Landlord also paid DOB $3,600 in fines for the violation. No further penalty was warranted.

350 Audubon Avenue: DHCR Adm. Rev. Docket No. VH410037RT (12/5/12) [3-pg. doc.]