No MCI Rent Hike for New Entry Doors with Unauthorized Key Cards

Landlord applied for MCI rent hikes based on the installation of new entry doors. The DRA ruled against landlord because landlord had failed to apply for permission from the DHCR to modify required services. Landlord appealed and lost. Landlord claimed that no such application was required or, alternatively, that it should have been given more time to file. But the DRA correctly determined that permission was needed to modify services. Landlord changed a metal key entry system to an electronic key card system. This was a modification of essential services. Prior approval is required from the DHCR for this change in services. The DRA notified landlord by notices dated Jan. 23, 2009, and Feb. 23, 2009, that an application was required to obtain approval. Landlord didn't respond to either notice, and the DRA then properly ruled on landlord's MCI application. Landlord didn't file an extension request until after the deadline to respond to the DRA's second notice and after the DRA's order was issued.

44-08 47th Avenue: DHCR Adm. Rev. Docket No. XE130010RO (10/29/13) [2-pg. doc.]