Government Approvals Submitted Too Late

Landlord applied for MCI rent hikes in March 1990, based on the installation of new hot water heaters. Tenants challenged the application, arguing that new hot water heaters should be included in normal building maintenance. The DRA denied the application because it wasn't filed on time---that is, within two years after landlord did the work. The DOB had signed off on the work in June 1988, but the work was completed in July 1987. Landlord appealed, claiming that his application met the two-year deadline because he'd filed it within two years of getting DOB's approval. The DHCR upheld the DRA's ruling. Landlords must file MCI applications within two years after the work is physically completed, or prove that they didn't contribute to the governmental delay. Landlord had filed too late, and couldn't explain the DOB delay, so his application was properly denied.

285 Avenue C et al.: DHCR Adm. Rev. Dckt. No. HE 430033-RO (5/6/94) [4-page document]