Landlord Didn't Get Useful Life Waiver for Additional Work

December 21, 2015

LVT Number: #26696

The DRA denied landlord’s 2011 MCI application based on pointing and waterproofing because a previous MCI increase had been granted for pointing and waterproofing at the building completed in June 2004. The DRA therefore found that the 15-year useful life requirement of the  building’s pointing and waterproofing hadn’t expired. Landlord appealed and lost. Landlord claimed that it filed a useful life waiver request with the DHCR. But this request was filed at the time landlord filed its MCI application, not before the work started as required.

The DRA denied landlord’s 2011 MCI application based on pointing and waterproofing because a previous MCI increase had been granted for pointing and waterproofing at the building completed in June 2004. The DRA therefore found that the 15-year useful life requirement of the  building’s pointing and waterproofing hadn’t expired. Landlord appealed and lost. Landlord claimed that it filed a useful life waiver request with the DHCR. But this request was filed at the time landlord filed its MCI application, not before the work started as required. There was no indication that the new work was done on an emergency basis. Landlord’s waiver request cited unspecified hazardous conditions but didn’t include a statement from an architect or engineer.

 

 

 

 

 

 

 

23-50 Waters Edge LLC: DHCR Adm. Rev. Docket No. BS110034RO (10/15/15) [2-pg. doc.]

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