MCI Rent Hike Application Denied as Untimely

The DRA denied landlord's application for MCI rent hikes based on boiler/burner installation because the application was filed more than two years after the work was completed. Landlord appealed and lost. Landlord pointed out that DOB's sign-off for electrical work was dated May 26, 2016. But rent regulations call for an MCI application to be filed within two years after the work is completed, not the date of issuance of any required governmental certificate. The law provides for a reasonable extension of time where landlord can show a delay, beyond its control, in obtaining the approvals for which it promptly applied within the two-year period. The new oil burner was mounted on Sept. 19, 2011, and was started on Sept. 23, 2011. Replacement of the boiler hot water coil was completed on April 4, 2012. This was more than four years before the electrical sign-off was issued and more than four and a half years before landlord filed its MCI application. Landlord didn't file its application for DOB approval until March 2016, two months before it was issued. So, landlord didn't demonstrate a delay beyond its control in obtaining the required governmental sign-off.

222 West 83rd Street LLC: DHCR Adm. Rev. Docket No. FR430055RO (5/9/18) [2-pg. doc.]