Landlord Waited Too Long to File MCI Application

April 15, 2013

LVT Number: #24742

Landlord applied for MCI rent hikes based on building-wide rewiring. The DRA ruled against landlord, finding that the work was completed more than two years before landlord's application was filed. Landlord appealed and lost. Landlord argued that DOB didn't sign off on the work until Oct. 5, 2011, so the application was timely. But the work was fully paid for as of Oct. 7, 2008, which supported a finding that the work was completed by then. Landlord didn't file its application until Oct. 14, 2011, more than three years later.

Landlord applied for MCI rent hikes based on building-wide rewiring. The DRA ruled against landlord, finding that the work was completed more than two years before landlord's application was filed. Landlord appealed and lost. Landlord argued that DOB didn't sign off on the work until Oct. 5, 2011, so the application was timely. But the work was fully paid for as of Oct. 7, 2008, which supported a finding that the work was completed by then. Landlord didn't file its application until Oct. 14, 2011, more than three years later. And landlord didn't show that the delay in obtaining this governmental approval was due to factors beyond landlord's control.

2504 Bronx Park East: DHCR Adm. Rev. Docket No. AN630012RO (2/21/13) [2-pg. doc.]

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