Application Was Untimely

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, attorneys for the tenants.)

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA dismissed landlord's application as untimely. Landlord appealed and lost. Landlord filed its application on Sept. 23, 2009, more than two years after DOB issued a sign-off dated Aug. 13, 2007. Landlord claimed that additional work was done to complete the MCI after the DOB sign-off. But the agency sign-off was proof that the work had been completed. Landlord failed to prove that the later, additional work--closing a hole in the top-floor elevator room--was necessary to complete the elevator installation that was the MCI.

Joshua Bailey Shipping Co.: DHCR Adm. Rev. Docket No. YI410046RO (9/6/13) [1-pg. doc.]