Work Not Done Less Than Two Years Before MCI Application Filed

Landlord applied for MCI rent hikes based on building-wide renovation work and roof work. The DRA ruled against landlord, finding that landlord failed to file its application within two years after the work was completed. Landlord appealed, claiming that the work was completed in late 2002. Landlord's MCI application was filed in June 2004. The DHCR ruled against landlord. In its application, landlord stated that the work cost $215,050. Of this sum, $7,250 was for roof work and $207,800 for building-wide renovation work. The contract for the work also included $600,000 for individual apartment renovations that weren't part of the MCI. Landlord also submitted copies of 78 checks payable to its contractor totaling over $550,000. But many of the checks didn't specify whether they were payment for MCI work or other work. Of these checks, only two, totaling $9,000, were dated within two years of the MCI filing date.

305 West 91st Street: DHCR Adm. Rev. Docket No. UE410044RO (11/5/08) [3-pg. doc.]