Landlord Sufficiently Documented Costs of Separate Concrete Layers to Prove Resurfacing Work Wasn't Duplicated

Landlord applied for MCI rent hikes based on concrete resurfacing with related engineering services. The DRA ruled for landlord in part but excluded costs of certain items of work that were deemed ineligible. Landlord appealed, and the DHCR ruled for landlord in part but still excluded certain costs related to the work. Landlord then filed an Article 78 appeal, and the DHCR took the case back for reconsideration. The DHCR ruled for landlord in part. Installation of a top slab of concrete in the courtyard area wasn't duplicative of other work and had been sufficiently documented. The concrete decking in the court area consisted of three distinct layers, which were itemized in landlord's application. So the cost of replacing the top slab of concrete in the court area should not have been excluded from the approved MCI costs.

Nelson Management Group: Adm. Rev. Docket No. KX410002RP (2/28/23)[5-pg. document]