Landlord Waited Too Long to Refile MCI Application

Landlord applied on March 17, 2009, for MCI rent hikes based on the installation of a new boiler. The DRA ruled against landlord because its application wasn't filed within two years from the completion date of the installation. Landlord appealed and lost. An attachment to the contract landlord submitted to the DRA indicated that the completion date for the installation was Aug. 15, 2006, almost three years before landlord filed its application. Landlord argued that its initial application was filed within two years, on June 11, 2007, but that the government agency involved didn't sign off and issue a Certificate to Operate until March 11, 2009, and landlord had no control over when the agency would issue the certificate. The DHCR noted that landlord's initial application was rejected by the DRA because it had omitted certain evidence. The DRA directed landlord to refile within 60 days in order to retain the original filing date for calculation of the two-year limitation. But landlord waited more than a year and a half to refile. The fact that the Certificate to Operate wasn't issued until 2009 was no excuse. Landlord should have filed on time and stated that the applicable governmental permits were still pending.

503-505 and 507-509 West 175th Street: DHCR Adm. Rev. Docket No. YH430042RO (2/26/13) [2-pg. doc.]