Landlord's MCI Application Denied as Untimely

The DRA denied landlord's application for MCI rent hikes because it was filed more than two years after the completion of the work. Landlord appealed and lost. Landlord performed exterior pointing and waterproofing work and submitted construction proposals from a contractor dated July 11 and July 19, 2002. The scope of work was later modified by two change orders, the later of which was dated July 9, 2003. The contractor was paid in full for the combined amount of the original proposals plus the change orders on Sept. 25, 2003. This indicated the work was completed as of that date. Landlord filed its application after Sept. 25, 2005. A Jan. 19, 2007, letter from the contractor stating that some pointing was "redone" in May-June 2004 didn't change the result. In fact, this subsequent repair work showed that the MCI was previously completed. The contractor's invoice for the 2004 work described only scraping and painting of decorative metal at the front entrance. This was merely unrelated maintenance and repair work.

111-55 77th Avenue: DHCR Adm. Rev. Docket No. WE130030RO (1/18/13) [2-pg. doc.]