Landlord Waited Too Long to Seek Boiler Approval from DOB

Landlord applied for MCI rent hikes based on a boiler replacement. The DRA ruled against landlord because landlord didn't apply within two years of completion of the work. Landlord appealed, claiming that it couldn't file its application until it obtained DOB approval for the work. The DHCR ruled against landlord. Rent Stabilization Code Section 2522.4(a)(8) requires landlord to file an MCI application within two years of completion of the improvement, except if there is a delay beyond landlord's control in obtaining required governmental approvals. But to qualify for this exception to the rule, landlord must apply for the approvals within two years after completing the improvement. In this case, landlord didn't apply to DOB for approval until after the two-year period had passed.

1719 Himrod Street: DHCR Adm. Rev. Docket No. UJ110052RO (2/28/07) [3-pg. doc.]