Work Done in Two Phases

LVT Number: 18680

Landlord applied for MCI rent hikes based on an electrical upgrade. The DRA ruled against landlord, finding that the work wasn't done as part of a consecutively timed project. Landlord appealed and lost. To qualify as an MCI, the work must be contemplated as a single unified project and be completed within a reasonable time, given the nature of the work and the size of the building. While landlord's financial inability to complete a job may constitute sufficient cause to justify delay, in this case landlord didn't show any good reason.

Landlord applied for MCI rent hikes based on an electrical upgrade. The DRA ruled against landlord, finding that the work wasn't done as part of a consecutively timed project. Landlord appealed and lost. To qualify as an MCI, the work must be contemplated as a single unified project and be completed within a reasonable time, given the nature of the work and the size of the building. While landlord's financial inability to complete a job may constitute sufficient cause to justify delay, in this case landlord didn't show any good reason. The owner didn't explain why the work was done in two stages or why two contractors had been used. And landlord didn't explain why its application had falsely stated that the entire installation was done during a one-month period by a single contractor.

577 Vanderbilt Ave.: DHCR Adm. Rev. Dckt. No. TJ230039RO (1/31/06) [2-pg. doc.]

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