MCI Application Was Filed on Time

Landlord applied for MCI rent hikes based on exterior restoration work. The DRA ruled against landlord because sidewalk bridging installed during the work had been removed more than two years before landlord's application was filed. So the DRA found landlord's application untimely. Landlord appealed and won. Although the sidewalk bridging was removed in December 2005, the work continued in the rear of the building where no bridging was required. Landlord's canceled checks and the contractor's final requisition showed continuing payments were made for the work until November 2006. And although tenants claimed that the work performed in 2006 was a separate project, there was no gap in time or other proof supporting this claim.

85 Livingston Street: DHCR Adm. Rev. Docket No. YG210037RO (4/7/11) [4-pg. doc.]