Landlord's Refiled MCI Application Was Untimely

The DRA denied landlord's MCI rent hike application based on installation of a new chimney and boiler because the DRA found that the application wasn't filed within two years of the installation completion date. Landlord appealed and lost. When landlord filed its MCI application, it wasn't accepted and docketed by the DRA, but returned due to the existence of pending "C" violations. The DRA sent landlord a notice stating that the application couldn't be accepted for processing and giving landlord 60 days to remove the immediately hazardous violations and submit the missing application documents in order to retain the original filing date used for calculation of the two-year time limit. But landlord didn't respond to the DRA's Feb. 29, 2016, notices until November 2016, well beyond the 60-day deadline. So the DRA properly found that landlord's refiled MCI application was untimely.

Yung's Realty Corp.: DHCR Adm. Rev. Docket No. FR430039RO (2/2/18) [2-pg. doc.]