Increase Properly Calculated Using Square Footage

LVT Number: 19178

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that the DRA had calculated the rent increase improperly. The DRA attributed a 17.39 percent share of the total approved cost of $752,506 to commercial tenants, based on total commercial space of 5,825 square feet divided by the total area of the building equal to 33,494 square feet.

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that the DRA had calculated the rent increase improperly. The DRA attributed a 17.39 percent share of the total approved cost of $752,506 to commercial tenants, based on total commercial space of 5,825 square feet divided by the total area of the building equal to 33,494 square feet. The remaining 82.61 percent share of the total approved cost was properly attributed to residential tenants based on total residential space divided by the total area of the building.

Goldman: DHCR Adm. Rev. Docket Nos. UD930048RT, et al. 8/3/06 [9-pg. doc.]

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