Tenant Claims Application Wasn't Filed on Time

Landlord applied for MCI rent hikes based on the repiping and installation of a new boiler, burner, and hot water heater in the building. The DHCR ruled for landlord, and tenant appealed, claiming that landlord didn't file its MCI application within two years of completing the work, and so was ineligible for rent increases. The DHCR argued that tenant hadn't shown any proof of her claim to the agency. The court ruled for tenant. Tenant had submitted to the DHCR, with her PAR, proof that at least some of landlord's MCIs were done more than two years before its rent increase application was filed. Tenant claimed that she didn't submit this proof to the DRA because she hadn't gotten notice of landlord's MCI application. The DHCR didn't prove that tenant got the notice in question. It was only fair that the matter be sent back to the DHCR for further consideration of tenant's claims.

Quiroz v. DHCR: NYLJ, p. 23, col. 1 (8/18/99) (Sup. Ct. NY; Braun, J)