Landlord Paid Super Separately for MCI-Related Work

Landlord applied for MCI rent hikes based on upgraded wiring. The DRA ruled for landlord in part, but disallowed any increase for the cost of related plastering work done by the building super. Landlord appealed. Landlord showed that this work was done under separate contract and payment and wasn't done as part of the super's regular salary. The super also submitted a statement verifying this claim. The DHCR ruled for landlord. Since the work was done outside the scope of the super's regular duties and payment for the work was outside the super's regular compensation, landlord was entitled to an increase for this cost.

370 Bedford Avenue: DHCR Adm. Rev. Docket No. UJ230054RO (1/25/07) [2-pg. doc.]