Application Not Filed on Time

December 1, 1998

LVT Number: 12809

Landlord applied for MCI rent increases. The DHCR ruled against landlord because its application wasn't filed within two years of the completion of the work. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court and appeals court ruled against landlord. The Rent Stabilization Code section that requires MCI applications to be filed within two years of completion of the work wasn't unreasonable. And the record before the DHCR showed that landlord's application hadn't been filed on time. The DHCR's decision was reasonable.

Landlord applied for MCI rent increases. The DHCR ruled against landlord because its application wasn't filed within two years of the completion of the work. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court and appeals court ruled against landlord. The Rent Stabilization Code section that requires MCI applications to be filed within two years of completion of the work wasn't unreasonable. And the record before the DHCR showed that landlord's application hadn't been filed on time. The DHCR's decision was reasonable.

Hampton Mgmt. v. DHCR: NYLJ, p. 27, col. 5 (11/27/98) (App. Div. 1 Dept.; Sullivan, JP, Rubin, Tom, Saxe, JJ)

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