Landlord Filed MCI Application for Boiler/Burner Too Late

Landlord applied for MCI rent hikes based on the installation of a new boiler/burner. The DRA ruled against landlord because its application wasn't filed within two years of completion of the work. Landlord appealed and lost. The DRA relied on DOB's electrical sign-off to determine when the work was completed. Landlord claimed that, although DOB signed off on the electrical work associated with the new boiler on March 4, 2008, the final DOB sign-off wasn't obtained until June 20, 2008. But delays in filing for governmental sign-offs after the work is completed don't extend the time for filing the application, unless a required sign-off hasn't been obtained during the two-year time frame due to a delay beyond landlord's control. Here, all the work was done and the new boiler was operational as of March 2008. And, by March 2008, the $158,000 fee had been fully paid except for a final $1,000 withheld for delivery of a certificate of operation from the Department of Air Resources. Get PDF of decision here.

67-75 136th Street: DHCR Adm. Rev. Docket No. ZA110009RO (2/17/15) [2-pg. doc.]