Delayed Effective Dates

Landlord applied for MCI rent increases based on installation of a new boiler/ burner. The DRA initially ruled against landlord in December 1986 because landlord didn't submit full proof of costs and government approvals. The DRA gave landlord the opportunity to refile. Landlord appealed the DRA's order and submitted the missing proof in May 1987. The DHCR sent the case back to the DRA. The DRA then ruled for landlord and made the rent increases effective on July 1, 1987, for rent-stabilized tenants and Aug. 1, 1988, for rent-controlled tenants. Landlord appealed, claiming that the effective dates should be made earlier. The DHCR ruled against landlord. The effective rent increase date for rent-stabilized apartments is the first rent payment date 30 days after completion of the filing of an MCI application by service of notice on tenants. For rent-controlled tenants, the effective rent increase date is the first rent payment date following issuance of the DRA's order. Since landlord didn't complete his application until May 1987, when he submitted the missing documents, the delayed effective dates of the MCI increases were proper.

Matassa: DHCR Adm. Rev. Dckt. Nos. CI130131RO, CI130060RT (3/1/96) [3-page document]