Landlord Didn't File Application on Time

Landlord applied for MCI rent increases based on the installation of a new boiler/burner and elevator upgrading. The DRA granted rent increases for rent-controlled tenants. But the DRA denied rent increases for rent-stabilized tenants because landlord didn't file the MCI application within two years after the work was completed. Landlord appealed, claiming that the boiler/burner installation was completed when the certificate of electrical inspection was issued on Nov. 9, 1988. Landlord's application was filed on July 2, 1990, less than two years later. The DHCR ruled against landlord. Landlord's contractor was paid on Nov. 11, 1987, when the work was completed. Even though there was delay in getting government approvals, landlord had still filed the application more than 19 months after getting the certificate of electrical inspection and at least two-and-one-half years after the work was completed.

1819 Avenue L, L.P.: DHCR Adm. Rev. Dckt. Nos. GI 220096-RT, GJ 210006-RT, GJ 2200007-RT, GJ 230039-RO (10/22/93) [4-page document]