Checks Not Contemporaneous with Completion of Work

LVT Number: 15220

Landlord applied for MCI rent hikes based on the installation of a new boiler/burner, new hot-water heaters, new risers, and pointing. The DRA ruled against landlord because landlord didn't prove its claimed cost of $148,000. Landlord appealed and lost. Landlord's application stated that the hot-water heaters were installed in September 1983. The invoice stated that the work took 73 hours and was paid in full on Sept. 30, 1983. But landlord's application stated that the work was finished in December 1984.

Landlord applied for MCI rent hikes based on the installation of a new boiler/burner, new hot-water heaters, new risers, and pointing. The DRA ruled against landlord because landlord didn't prove its claimed cost of $148,000. Landlord appealed and lost. Landlord's application stated that the hot-water heaters were installed in September 1983. The invoice stated that the work took 73 hours and was paid in full on Sept. 30, 1983. But landlord's application stated that the work was finished in December 1984. The canceled checks submitted by landlord weren't contemporaneous with the completion of the work. Landlord never explained this discrepancy or submitted proper checks, even though given another chance to do so.

Feenjon Corp.: DHCR Adm. Rev. Dckt. No. DA410007RO (7/17/01) [4-pg. doc.]

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