Landlord's Application Filed Too Late

April 1, 1996

LVT Number: 10470

Landlord applied for MCI rent increases. The DHCR ruled landlord couldn't collect an increase from tenant because the application was filed more than two years after the work was completed. Landlord appealed, claiming that he didn't file the application right away on the advice of his attorney because of a lease renewal dispute with tenant. Under a prior order, the DHCR had refused to order landlord to issue tenant a renewal lease while an eviction case was pending in court. The court and appeals court ruled against landlord.

Landlord applied for MCI rent increases. The DHCR ruled landlord couldn't collect an increase from tenant because the application was filed more than two years after the work was completed. Landlord appealed, claiming that he didn't file the application right away on the advice of his attorney because of a lease renewal dispute with tenant. Under a prior order, the DHCR had refused to order landlord to issue tenant a renewal lease while an eviction case was pending in court. The court and appeals court ruled against landlord. Eligibility for the MCI increase had nothing to do with the lease renewal issue. Landlord should have filed within the two-year deadline. The DHCR's rejection of landlord's MCI application was reasonable.

Pape v. DHCR: NYLJ, p. 25, col. 4 (3/21/96) (App. Div. 1 Dept.; Murphy, PJ, Milonas, Rosenberger, Ross, Mazzarelli, JJ)

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