Landlord's MCI Application Denied as Untimely

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, finding that landlord's application was untimely. Landlord appealed and lost. Landlord claimed that its application mistakenly indicated that the work was completed more than two years before it filed the MCI application. The MCI application was filed on July 17, 2019. Landlord now submitted a letter from its contractor stating that the MCI was completed at the end of July 2017. But page 1 of landlord's application stated that the installation dates of the elevator upgrading went from February 2016 to May 2017, and stated no specific end date. The owner/contractor affirmation page submitted with landlord's application didn't indicate a start date or completion date for the work but left that item blank on the form. There was no error by the DRA, who relied on the completion date stated on page 1 of the MCI application. The completed application submitted to the DRA supported a finding that the elevator upgrade work was completed no later than June 30, 2017, and the MCI application was filed July 17, 2019.

Gecaj: DHCR Adm. Rev. Docket No. IM610019RO (3/15/23)[2-pg. document]