Application Not Filed Within Two Years After Work Completed

February 1, 1997

LVT Number: 11218

Landlord applied for rent increases based on MCIs. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. Landlord challenged the DHCR's interpretation of the two-year limit for filing an MCI application as meaning that the application must be filed within two years of physical completion of the work. This interpretation was reasonable. Landlord couldn't blame the late filing on government delay because it got governmental approval for the work performed well within the two-year time limit.

Landlord applied for rent increases based on MCIs. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. Landlord challenged the DHCR's interpretation of the two-year limit for filing an MCI application as meaning that the application must be filed within two years of physical completion of the work. This interpretation was reasonable. Landlord couldn't blame the late filing on government delay because it got governmental approval for the work performed well within the two-year time limit.

Metropolitan Life Ins. Co. v. DHCR: NYLJ, p. 27, col. 4 (1/30/97) (App. Div. 1 Dept.; Sullivan, JP, Milonas, Rosenberger, Tom, JJ)

Topics

More like this