Affidavit Wasn't Prepared by Independent Contractor

June 30, 2001

LVT Number: 15073

Landlord applied for MCI rent hikes based on the installation of a new roof. The DRA ruled for landlord but temporarily barred a rent increase for the penthouse tenant based on ceiling leaks in the apartment that tenant claimed came from the roof. Landlord appealed and submitted an affidavit from its contractor, stating that he inspected the condition and found that the leak was caused by needed parapet work along the outside wall, not a roof leak. The DHCR ruled against landlord because the contractor who prepared the affidavit was the same contractor who did the roof work.

Landlord applied for MCI rent hikes based on the installation of a new roof. The DRA ruled for landlord but temporarily barred a rent increase for the penthouse tenant based on ceiling leaks in the apartment that tenant claimed came from the roof. Landlord appealed and submitted an affidavit from its contractor, stating that he inspected the condition and found that the leak was caused by needed parapet work along the outside wall, not a roof leak. The DHCR ruled against landlord because the contractor who prepared the affidavit was the same contractor who did the roof work. An independent contractor didn't prepare the affidavit.

295 Clinton Ave.: DHCR Adm. Rev. Dckt. No. PB210043RO (5/14/01) [2-pg. doc.]

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