Landlord Proves It Didn't Claim DOB Filing Fees as Part of MCI Cost

LVT Number: #28678

Landlord applied for MCI rent hikes based on improvements to the building's underground garage roof and surface parking lot. The DRA ruled for landlord in part but disallowed some claimed costs. Landlord appealed and won, in part. Among other things, the DHCR found that the DRA properly disallowed painting of the garage as cosmetic in nature and constituting routine maintenance and/or repair. Costs for a sidewalk, atrium concrete wall, and landscape architect services also were disallowed.

Landlord applied for MCI rent hikes based on improvements to the building's underground garage roof and surface parking lot. The DRA ruled for landlord in part but disallowed some claimed costs. Landlord appealed and won, in part. Among other things, the DHCR found that the DRA properly disallowed painting of the garage as cosmetic in nature and constituting routine maintenance and/or repair. Costs for a sidewalk, atrium concrete wall, and landscape architect services also were disallowed. Costs for temporary lighting provided during construction and sales tax were eligible for an MCI rent increase. However, the DHCR added back to the total MCI cost over $21,000 in presumed DOB fees that the owner showed weren't claimed as part of the MCI costs but which had been paid separately.

Kyoto, Singapore, Bali & Mandalay Leasing, LP: DHCR Adm. Rev. Docket No. FV110016RO (8/31/18) [4-pg. doc.]

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