Landlord's MCI Application Was Untimely

Landlord applied for MCI rent hikes based on installation of a new boiler/burner. The DRO ruled against landlord, who appealed and lost. The DRO correctly determined that landlord’s application was untimely. An MCI rent increase application must be filed within two years of completion of the work, not within two years of issuance of a required governmental certificate. In some cases where the completion date of the work is questionable, it is DHCR policy to rely on the date of the earliest governmental approval that indicates that the system is fully operational. In this case, DOB’s June 24, 2010, Boiler Inspection Approval Verification was the earliest governmental approval indicating that the system was fully operational. The project’s later DOB sign-offs didn’t create new two-year filing periods. Landlord’s application, filed on June 29, 2012, therefore failed to meet the two-year filling deadline.

13 Newell, LLC: DHCR Adm. Rev. Docket No. BN210027RO (3/10/16) [2-pg. doc.]