Architect's Fee for Installation of Terrace

April 30, 2005

LVT Number: 18077

Landlord wanted to install a terrace outside one apartment. Landlord asked the DHCR if the architect's consultant fees incurred in connection with the work could be passed on to tenant as part of a 1/40th rent increase for individual apartment improvements. In an opinion letter, the DHCR said yes. As long as the architect's fee was directly related to the improvement and was required because of the complexity of the installation, it would qualify as part of the 1/40th costs to be reimbursed. If the work was done while the apartment was occupied, tenant consent was required.

Landlord wanted to install a terrace outside one apartment. Landlord asked the DHCR if the architect's consultant fees incurred in connection with the work could be passed on to tenant as part of a 1/40th rent increase for individual apartment improvements. In an opinion letter, the DHCR said yes. As long as the architect's fee was directly related to the improvement and was required because of the complexity of the installation, it would qualify as part of the 1/40th costs to be reimbursed. If the work was done while the apartment was occupied, tenant consent was required. If the apartment was vacant, the cost could be passed on to new tenant without consent.

DHCR Opin. Ltr. by Michael B. Rosenblatt (11/22/04) [2-pg. doc.]

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