Landlord's Application Untimely

January 11, 2012

LVT Number: #23845

Mount Vernon landlord applied for MCI rent hikes based on the installation of new doors to apartments, common area, service area, and boiler room. The DRA ruled against landlord because its application was filed more than two years after landlord completed the work. Landlord appealed and lost. An MCI application will be denied as untimely unless landlord can show that there was a delay in obtaining government approvals that was beyond landlord's control. Here, landlord completed the work in January 2007 and simply didn't file its application until September 2009.

Mount Vernon landlord applied for MCI rent hikes based on the installation of new doors to apartments, common area, service area, and boiler room. The DRA ruled against landlord because its application was filed more than two years after landlord completed the work. Landlord appealed and lost. An MCI application will be denied as untimely unless landlord can show that there was a delay in obtaining government approvals that was beyond landlord's control. Here, landlord completed the work in January 2007 and simply didn't file its application until September 2009. The fact that the DHCR moved the Westchester processing office for MCI applications was no excuse.

Mariani Management Corp.: DHCR Adm. Rev. Docket No. ZA910067RO (11/18/11) [2-pg. doc.]

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