Landlord Proves Application for Cornice Work Was Timely

LVT Number: #25769

Landlord applied for MCI rent hikes for various improvements. The DRA granted rent increases for exterior restoration and a new boiler/burner. But the DRA denied any increases for cornice installation, replacement windows, front yard reconstruction, a new front door, and a new sidewalk. Landlord appealed and won, in part. The DHCR ruled that the cost of the cornice, windows, and front door should be included in the MCI award. The contract called for the work to be completed by June 5, 2006, but landlord presented proof that it wasn't actually completed until October 2006.

Landlord applied for MCI rent hikes for various improvements. The DRA granted rent increases for exterior restoration and a new boiler/burner. But the DRA denied any increases for cornice installation, replacement windows, front yard reconstruction, a new front door, and a new sidewalk. Landlord appealed and won, in part. The DHCR ruled that the cost of the cornice, windows, and front door should be included in the MCI award. The contract called for the work to be completed by June 5, 2006, but landlord presented proof that it wasn't actually completed until October 2006. This proof included a contractor affirmation and final payment check. So landlord proved that this work was done within two years before the MCI application was filed and therefore qualified.

235 Clermont Avenue: DHCR Adm. Rev. Docket No. YD210030RO (7/25/14) [2-pg. doc.]

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