Increase for Pointing and Waterproofing Denied

Landlord applied in 1997 for MCI rent hikes based on the installation of a new roof and related pointing and waterproofing work. The DRA granted the MCI rent hike for the roof, but denied any increase for the pointing and waterproofing because landlord had gotten MCI rent hikes for pointing and waterproofing in 1993. Landlord appealed, claiming that the prior pointing was related to windows and was done on a different part of the building. The DHCR ruled against landlord because it didn't raise this issue previously. Landlord appealed. The court ruled for landlord and ordered the DHCR to reopen the case. The DHCR appealed and won. The DRA didn't have to ask landlord to clarify where the pointing was done on landlord's second MCI application. Landlord was required to set forth all the facts in its application and didn't do so. Since landlord didn't submit full information with its application, the DHCR reasonably denied any increase for the pointing and waterproofing.

West Village Assocs. v. DHCR: NYLJ, 11/24/00, p. 27, col. 1 (App. Div.1 Dept.; Williams, JP, Mazzarelli, Ellerin, Wallach, Saxe, JJ)