Landlord Didn't Comply with DHCR's Prior Order

(Decision submitted by David Hershey-Webb, of the Manhattan law firm of Himmelstein McConnell, Gribben, Donoghue & Joseph, who represented the tenants.) Landlord applied for MCI rent hikes based on building-wide rewiring. The DRA ruled against landlord, finding that the work wasn't performed building-wide and that the owner didn't comply with a Prior Opinion issued by the agency in 2003. Landlord appealed, claiming that all requirements were met and that landlord installed new risers and feeders in all apartments except for seven deregulated apartments that got risers in the 1990s. The tenants association opposed landlord's appeal. The DHCR ruled against landlord. Landlord's documents showed that 48 apartments weren't included in the work done, and in one letter landlord admitted that some apartments were previously renovated. Landlord also didn't submit work orders as required in the Prior Opinion to show actual work done on each apartment, and didn't submit a requested breakdown of costs. Records also showed that landlord didn't do the same work on all apartments.

Apthorp Associates, LLC: DHCR Adm. Rev. Docket No. VK430026RO (6/15/09) [7-pg. doc.]