Effective Date of MCI Rent Hike Delayed

Landlord applied for MCI rent hikes based on the installation of apartment windows, exterior restoration, and intercoms. The DRA ruled for landlord but delayed the effective date of the rent increase for rent-stabilized apartments to Sept. 1, 2012, which was the first rent payment date after landlord submitted complete and accurate information concerning commercial space in the building. Landlord appealed and lost. Landlord submitted its MCI rent increase application some time before September 2012. But it is long-standing DHCR policy that, upon filing an MCI application, failure by landlord to include information pertaining to a commercial allocation, when applicable, renders the application incomplete. The effective date of any MCI increase granted can't precede the date when the application has been completed by submission of all required information. Here, landlord failed to include information concerning the building's commercial space with its initial application and submitted the needed information only upon later request from the DHCR.

Extell 601 W. 137th Street LLC: DHCR Adm. Rev. Docket No. AU430008RO (10/4/07) [2-pg. doc.]