Application for Pointing/Waterproofing Work Missing Contractor's Affidavit

LVT Number: 9367

Landlord applied for MCI rent hikes, based on pointing and waterproofing the building. The DRA denied the application because it didn't have a contractor's affidavit and a diagram of the building showing where the work was performed. Landlord appealed, claiming that he couldn't file a contractor's affidavit because the waterproofing contractor had gone out of business. The DHCR upheld the DRA's ruling.

Landlord applied for MCI rent hikes, based on pointing and waterproofing the building. The DRA denied the application because it didn't have a contractor's affidavit and a diagram of the building showing where the work was performed. Landlord appealed, claiming that he couldn't file a contractor's affidavit because the waterproofing contractor had gone out of business. The DHCR upheld the DRA's ruling. Landlord must submit a contractor's affidavit to prove that the work was done, that the entire building was examined and the mortar tested, and that the work protected the entire building from exterior water seepage through the walls. Without this proof, the work can't qualify for an MCI.

Weiner: DHCR Adm. Rev. Dckt. No. CF 230266-RO (10/6/94) [2-page document]

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