Insufficient Proof of Sidewalk Bridge Cost and Engineering Fees

Landlord applied for MCI rent hikes based on exterior restoration work. Landlord included claims for the cost of the sidewalk bridge and engineer's fees. The DRA ruled for landlord in part. The DRA excluded any increase for the sidewalk bridge and engineer's fee based on insufficient proof. Landlord appealed and lost. Landlord didn't submit any contracts for this work. Landlord submitted only an affidavit from its president, stating that no contracts were signed for these items but that payments had been made. The affidavit didn't describe the scope of the work performed or the timing of the work. It also didn't present any proof that the work was done in connection with the MCI. In addition, the DRA had granted an increase for architect's fees in connection with the MCI, and there was no way to tell if the engineer's work duplicated the architect's work.

80 Riverside Drive: DHCR Adm. Rev. Dckt. No. TE410067RO (11/30/05) [3-pg. doc.]