MCI Application Refiled After DOB's Elevator Sign-Off Was Untimely

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, finding its application untimely. Landlord appealed and lost. Landlord initially filed its MCI application on Dec. 23, 2010, for work completed on Aug. 13, 2009. But the application didn’t contain a required government sign-off. On Jan. 18, 2011, the DRA notified landlord that it must refile its application--with the missing government sign-off--within 60 days in order to retain the original filing date. But landlord didn’t refile its MCI application until Dec. 9, 2011, well beyond the 60-day time limit. So landlord lost the original filing date, and the new filing date was more than two years after the work was completed. The fact that DOB didn’t issue approval of the elevator upgrade in time for landlord to meet the 60-day deadline didn’t extend the time to file the MCI application.

Breitman: DHCR Adm. Rev. Docket No. AO230015RO (11/20/15) [2-pg. doc.]