Landlord Can Refile Application

Landlord applied for MCI rent hikes based on rewiring. The DRA ruled for landlord. Tenant appealed, pointing out that landlord's prior application for rewiring had been denied. Tenant claimed that landlord, therefore, could not refile. The DHCR ruled against tenant. Landlord's prior application was denied because landlord withdrew it in February 2005. Landlord refiled its application in April 2005. Given that landlord's new application was filed within two years of the completion of the work and that landlord otherwise proved that the rewiring was properly performed, the DRA properly granted landlord's application.

780 East 2nd St.: DHCR Adm. Rev. Docket No. T230064RT (11/15/06) [3-pg. doc.]