Landlord's Sworn Statement Accepted in Place of Contractor's Certification

Landlord applied for MCI rent hikes based on several improvements, including a new roof. The DRA ruled against landlord, finding that landlord didn't submit "Supplement I'' of the MCI application---the contractor's certification of work performed. Landlord's payment check also indicated that it was for repairs. Landlord appealed, stating that he no longer had a working relationship with the contractor who installed the roof. Instead of the contractor's certification, landlord submitted a sworn statement certifying that the work was completed. Landlord said that the "repairs'' notation on the check was a mistake. The DHCR ruled for landlord. The roof cap sheet work performed by landlord qualified as an MCI at the time the work was performed in the late 1980s. Landlord had submitted a sworn statement with his MCI application identifying the contractor, the work done, and the cost along with an explanation why the contractor wouldn't sign the certification.

Plunnett: DHCR Adm. Rev. Dckt. Nos. DJ430037RO, DJ43008RO (2/19/97, 2/24/97) [6-page document]