Insufficient Documentation of Roof Installation

LVT Number: 16792

Landlord applied for MCI rent hikes based on the installation of a new roof. The DRA ruled against landlord. Neither of landlord's two contractors submitted proof of when the work started and when it was completed. Plus the contract with the first roof contractor was undated, and there was no written contract with the second contractor. Landlord appealed, claiming that the DRA should have relied on his sworn statement and one submitted by his architect. The DHCR again ruled against landlord.

Landlord applied for MCI rent hikes based on the installation of a new roof. The DRA ruled against landlord. Neither of landlord's two contractors submitted proof of when the work started and when it was completed. Plus the contract with the first roof contractor was undated, and there was no written contract with the second contractor. Landlord appealed, claiming that the DRA should have relied on his sworn statement and one submitted by his architect. The DHCR again ruled against landlord. Standard MCI processing procedures require landlord to submit contractors' certifications of the work done. Landlord didn't do so. The DRA then gave landlord a chance to submit substitute affidavits or contracts from the contractors or proof of mailing showing that landlord had tried to contact the contractors. Landlord showed only that it sent a letter to the first contractor, and this was returned by the Post Office as nondeliverable.

Unger: DHCR Adm. Rev. Dckt. No. RB130054RO (7/14/03) [3-pg. doc.]

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