Landlord's MCI Rent Increase Application Was Untimely

Landlord applied for MCI rent hikes based on installation of a new boiler. The DRA ruled against landlord, finding that the application was submitted more than two years after the work was completed. Landlord appealed and disputed that its submission was untimely. The DHCR ruled against landlord. DOB issued a certificate of elevator inspection on July 3, 2008. DOB will not issue a certificate of electrical inspection for a boiler installation unless the physical installation of the boiler has been completed in a manner compliant with the NYC Administrative Code. So, the MCI was completed by this date. Landlord didn’t file its MCI application with the DHCR until July 16, 2010, which was more than two years later. So, the DRA correctly ruled that landlord’s application was untimely.

167 West 80th Street, LLC: DHCR Adm. Rev. Docket No. ZE430049RO (6/24/16) [2-pg. doc.]