Architect Services Must Complete Window Installation in Landmark Building

Landlord applied for MCI rent hikes based on the installation of new windows with a related sidewalk bridge. The DRA ruled for landlord but disallowed from the MCI increase the costs of architectural services, special window coloring, painting, and rubbish removal.

Landlord appealed and won, in part. A Landmarks Preservation Commission (LPC) permit needed for work at the building's location required that the rear aluminum windows be replaced with a specified color. So, the $1,400 contracted cost for this portion of the work should be included in the approved MCI costs. Architect fees also should be included since the new windows had to conform to the detailed specifications and requirements of the LPC. An architect was needed to obtain the LPC permit and sign-off in this case. Otherwise, The DRA properly disallowed costs for painting, which constituted ordinary repair and maintenance. New screens were also properly excluded since there was only a partial installation and there was no proof that the screens were required by the LPC. And the rubbish removal cost was covered in the approved contractor cost, so shouldn't be duplicated.

Hudson Street Equities Group LP/Various Tenants: DHCR Adm. Rev. Docket Nos. ZD430025RT, ZE430013RO (6/8/17) [3-pg. doc.]