Insurance Money Wasn't Used to Pay for Work

LVT Number: 18504

Landlord applied for MCI rent hikes based on a number of improvements, including pointing, waterproofing, and new roof installation. The DRA first ruled against landlord, finding that the work had been reimbursed by insurance proceeds. But after landlord appealed and the case was reopened, the DRA ruled for landlord. Tenant then appealed and lost. Landlord showed that the MCI work was completed and paid for prior to a building fire. It was the subsequent renovation of the building, following the fire, that was paid for with the insurance proceeds---not the MCI work.

Landlord applied for MCI rent hikes based on a number of improvements, including pointing, waterproofing, and new roof installation. The DRA first ruled against landlord, finding that the work had been reimbursed by insurance proceeds. But after landlord appealed and the case was reopened, the DRA ruled for landlord. Tenant then appealed and lost. Landlord showed that the MCI work was completed and paid for prior to a building fire. It was the subsequent renovation of the building, following the fire, that was paid for with the insurance proceeds---not the MCI work.

300 W. 109th St.: DHCR Adm. Rev. Dckt. No. SA430031RT (10/19/05) [3-pg. doc.]

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