Landlord Distinguished Rewiring Work from Cable Telecom Work

May 31, 2007

LVT Number: 19651

Landlord applied for MCI rent hikes based on rewiring. The DHCR ruled for landlord. Tenants appealed, claiming that landlord didn't provide detailed proof that the costs claimed were all for rewiring. The same contractor also did cable telecom work that didn't qualify as an MCI. The court and appeals court ruled against tenants. Landlord submitted a copy of its contract with the rewiring installation contractor, as well as a separate contract between the cable telecom company and the contractor.

Landlord applied for MCI rent hikes based on rewiring. The DHCR ruled for landlord. Tenants appealed, claiming that landlord didn't provide detailed proof that the costs claimed were all for rewiring. The same contractor also did cable telecom work that didn't qualify as an MCI. The court and appeals court ruled against tenants. Landlord submitted a copy of its contract with the rewiring installation contractor, as well as a separate contract between the cable telecom company and the contractor. Landlord responded to the DHCR's requests for additional information and sufficiently documented what it paid for the rewiring.

Sanders v. DHCR: NYLJ, 5/24/07, p. 24, col. 5 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Marlow, Nardelli, McGuire, JJ)

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