Apartments Were Correctly Registered with DHCR

The DRA granted landlord's MCI rent increase application based on elevator upgrading and installation of a new roof. Tenant appealed and lost. Tenant claimed that the MCI application should have been denied because landlord failed to submit annual rent registrations with the DHCR. Tenant also claimed that landlord's MCI application wasn't filed within two years of completion of the work. The two apartments subject to the MCI application were rent controlled and were registered initially with the DHCR in 1984. No subsequent annual registration of rent-controlled apartments is required. Landlord did file the MCI application within the two-year filing deadline. The DHCR had asked landlord to refile within 60 days after initial processing and a request to explain missing rent registrations. Landlord did so, and the initial MCI application filing date was properly used to calculate the two-year time limit for filing.

Freed: DHCR Adm. Rev. Docket No. ER420041RT (1/9/19) [2-pg. doc.]