When Landlord Can Include Architect's Fees

LVT Number: 17439

Landlord asked the DHCR when architect's fees could be collected as part of a 1/40th rent increase for individual apartment improvements. In an opinion letter, the DHCR said that these fees were collectible as part of the 1/40th cost when they were directly related to an individual improvement. Architectural fees for expediting services, on the other hand, could not be included. In addition, if there is a common interest between landlord and its contractor, architect's fees could be disallowed.

Landlord asked the DHCR when architect's fees could be collected as part of a 1/40th rent increase for individual apartment improvements. In an opinion letter, the DHCR said that these fees were collectible as part of the 1/40th cost when they were directly related to an individual improvement. Architectural fees for expediting services, on the other hand, could not be included. In addition, if there is a common interest between landlord and its contractor, architect's fees could be disallowed.

DHCR Opin. Ltr. by Charles Goldstein (4/27/04) [2-pg. doc.]

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