Landlord Had No Explanation for Delay in Obtaining Government Sign-Off for Rewiring Work

Nassau County landlord applied to the DHCR for MCI rent hikes based on rewiring. The DRA denied the application as untimely. The application was filed on June 14, 2019, more than two years after the work was completed on Sept. 7, 2012. Landlord appealed and lost. Landlord argued that submission of its application was delayed because the Village of Mineola didn't issue an approval certificate for the MCI rewiring work until May 29, 2019. Landlord claimed that the DRA should have requested additional information to determine if the delay was beyond landlord's control. Landlord pointed to an exception to the two-year filing requirement found in the regulations, allowing for delay if failure to meet the  two-year deadline was beyond the landlord's control due to inability to timely obtain required governmental approvals. In this case, landlord filed its application six years after the work was completed and provided no explanation for the delay. 

Richlee Court Assoc.: DHCR Adm. Rev. Docket No. IR710013RO (3/17/23)[2-pg. document]