No MCI Rent Hike for Additional Facade Work

(Decision submitted by Catharine A. Grad of the Manhattan law firm of Grad & Weinraup, LLP, attorneys for the tenants.)
Landlord applied for MCI rent hikes based on the installation of a new roof and related facade restoration work. The DRA ruled for landlord in part, granting the increase for the roof but disallowing any increase for the facade work. Landlord appealed and lost. The DRA found that the facade work was done on a piecemeal basis with extended gaps between periods of work. Landlord explained that the only gap was during winter months when the work couldn't be done. Still, much of the facade work wasn't done under a written contract or change orders to the roof work contract. The DHCR found that the additional facade work wasn't included as part of the MCI and there was no documentation showing that the work was needed.

111-113, 115-117 Montague Street: DHCR Adm. Rev. Docket No. WK230025RO (10/28/09) [3-pg. doc.]