Engineer's Fees Disallowed

The DRA granted landlord's MCI rent increase application for new roof, railings, and coping, as well as pointing and lintels, but denied an increase for consultant's fees. Landlord appealed and lost. Landlord claimed that an engineer's services were required by NYC Local Law 11 of 1998, which called for an inspection of building facades by licensed engineers. But the contract for the MCI work stated that the contractor would do all the work in conformity with the NYC Building Code and, before starting the work, would verify all existing field conditions, coordinate all work procedures, and be responsible for all measurements, minor details, and dimensions. Landlord didn't show that the engineer's services were both necessary and customary to accomplish the work. 

35-25 and 35-35 95th Street: DHCR Adm. Rev. Docket No. WI130017RO (7/30/13) [2-pg. doc.]