9 NYCRR § 2202.4 — Increased services or facilities, substantial rehabilitation, major capital or other improvements (NYC Rent & Eviction Regs., via Cornell LII)

Citation: 9 NYCRR § 2202.4 — Increased services or facilities, substantial rehabilitation, major capital or other improvements (NYC Rent & Eviction Regs., via Cornell LII)
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.law.cornell.edu/regulations/new-york/9-NYCRR-2202.4 ↗

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(ii) The recoverable costs will be determined
according to the applicable Reasonable Cost Schedule and these provisions, but
the owner need not submit evidence of compliance with the bidding requirements
set forth in clause (b) of subparagraph (x); owner may instead submit for
review alternative means of establishing the reasonableness of the major
capital improvement costs sought to be recovered.

(iii) For pending major capital improvement
applications, an owner was required to make this waiver application within 60
days of June 16, 2020, unless in the context of processing the major capital
improvement application the owner was directed by DHCR to submit an application
for waiver.

(x) Waiver Procedure:

As part of the written Waiver application for
non-emergency capital improvements, owners must submit the following:

(a) A certification by a licensed architect
or engineer stating that:

(1) The purchases
and contracts, whose costs owner seeks to recover have been awarded on the
basis of analysis and bidding to the fullest extent possible, but with no less
than three bidders having been solicited to perform the work unless the owner
can demonstrate that the work is so highly specialized that such bids cannot be
extended;

(2) List of items for
which owner solicited bids were necessary;

(3) The costs claimed by owner for the major
capital improvement work are accurate and reasonable, provided that the
architect or engineer's basis for such conclusion is fully and credibly
supported;

(4) All changes to the
original agreed upon scope of work were necessary to the underlying major
capital improvement and reasonably priced;