Exterior Wall Work Performed Piecemeal Under Two Separate Contracts

Landlord applied for MCI rent hikes based on the installation of a new lobby entrance door and other improvements. The DRA denied a portion of the application for resurfacing the back and front exterior walls because the work was performed piecemeal. Landlord appealed and lost. The exterior wall resurfacing work was performed at two different times under two separate contracts by two different contractors. The first contract described the scope of work as “back elevation only” and was performed during September 2009. The second contract described the scope of work as “stucco on front side of the building,” was started in July 2010 and completed in September 2010. The work was piecemeal because it wasn’t performed as part of a single consecutively timed project. Landlord claimed that the work was done at two different times due to weather delay, but the original contract clearly didn’t cover the work performed under the second contract.

Bielawski: DHCR Adm. Rev. Docket No. ZK210041RO (8/21/15) [2-pg. doc.]