Late-Filed MCI Application Accepted as Timely Under COVID-Era Executive Orders

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, finding that its application hadn't been filed within two years from the completion date of the installation. Landlord appealed, and the case was reopened. Landlord admitted that its application was filed six days past the filing deadline. But landlord pointed out that Governor Cuomo had issued Executive Orders in response to the COVID-19 pandemic that tolled the deadline for 228 days between Mar. 20, 2020, to Nov. 3, 2020. Landlord argued that this extended its time to file the MCI application. The DHCR noted that landlord filed its MCI application on Sept. 27, 2021, and agreed that the application was timely filed under the Executive Orders that began in March 2020. The case was sent back for a ruling on the merits of the rent increase application.

Florim Realty Corp.: DHCR Adm. Rev. Docket No. KN610001RO (3/27/24)[2-pg. document]