Additional Work Didn't Extend Two-Year MCI Filing Deadline

Landlord applied for MCI rent hikes based on the building-wide installation of new windows. The DRA ruled against landlord because its application was untimely. Landlord appealed and lost. The application was filed on April 22, 2008. Landlord claimed that this was within two years of the April 28, 2006, completion date of the work. The work wasn’t done until three change orders were completed. But tenants claimed that the apartment window installation was completed in December 2004, and landlord’s documentation showed that the windows were done no later than June 2005. The installation of curved windows and basement apartment windows under a September 2005 change order to replace inoperable windows originally installed under the MCI contract is considered work performed to adjust or correct defects subsequently discovered after the window installation was complete. This work didn’t extend the MCI completion date. Nor did installation of air conditioners and 17 child guards since these didn’t qualify as MCIs. 

Vill-Shepherd Equities Corp., NV: DHCR Adm. Rev. Docket No. XI410024RO (7/22/15) [3-pg. doc.]