Some Exterior Restoration Work Disallowed

LVT Number: #24602

Landlord applied for MCI rent hikes for exterior restoration work. The DRA ruled for landlord in part, but disallowed any increase for pointing/masonry, balcony repair, consulting architect, and heat computer. The DRA found that these items didn't qualify as MCIs. Landlord appealed and lost. Pointing/masonry and balcony work done below the roof and parapet level are not MCIs. The DRA also disallowed mobilization costs because landlord didn't provide a useable breakdown of this item, so the DRA couldn't determine what the cost covered.

Landlord applied for MCI rent hikes for exterior restoration work. The DRA ruled for landlord in part, but disallowed any increase for pointing/masonry, balcony repair, consulting architect, and heat computer. The DRA found that these items didn't qualify as MCIs. Landlord appealed and lost. Pointing/masonry and balcony work done below the roof and parapet level are not MCIs. The DRA also disallowed mobilization costs because landlord didn't provide a useable breakdown of this item, so the DRA couldn't determine what the cost covered. In addition, landlord's pointing work wasn't comprehensive and landlord didn't replace all balconies. The DRA also properly disallowed the architect's fee because landlord used a licensed professional contracting company that warranted that all the work and materials were free from defects. There was no proof that an additional consultant was needed.

69-39 Yellowstone Boulevard: DHCR Adm. Rev. Docket No. YB110077RO (12/5/12) [3-page doc.]

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