Skip to main content

NYS DHCR Operational Bulletin #2016-1 (Revised)

Citation
NYS DHCR Operational Bulletin #2016-1 (Revised)
Jurisdiction
New York (state)
Source verification
official_capture_completeness_unverified

Full Text

1,754 chars
1. Cancelled check(s) (front and back) contemporaneous with the completion of the work or
proof of electronic payment;
2. Invoice receipt marked “paid in full” contemporaneous with the completion of the work;
3. Signed contract agreement; and
4. Contractor’s affidavit indicating that the installation was completed and paid in full.
5. Before and after photographs.

This documentation requirement matches the standard of proof found in DHCR’s Operational Bulletin 2017-1
on MAJOR CAPITAL IMPROVEMENTS – Confirmation of Costs/Payments. However, actual processing
has shown that more than one type of proof is the norm rather than the exception. Therefore, an owner should
submit as many of the four listed forms of proof as the owner is able to provide. DHCR’s consideration
may not be limited to these four items as its review of IAIs is fact intensive and an individualized process
regardless of whether it is part of an administrative proceeding or the subject of an independent investigation.
Additionally, IAI review involves DHCR’s assessment of the evidence offered so that there is no guarantee
that any particular piece of proof will be dispositive. For example, an invoice or contract with less than
complete specificity may not be sufficient. DHCR, in every case, has the authority to request information it
believes is necessary to reach a proper determination including requests for additional evidence indicating
the installation was completed, paid in full and otherwise appropriate to support a rent increase. Additional
documentation should at all times be provided if possible, and it should be provided as requested to avoid a
more protracted administrative or investigative proceeding. If an owner is unable to provide these items or