Application for Elevator Upgrading Not Filed on Time

January 1, 2001

LVT Number: 14645

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA granted the rent hikes for rent-controlled tenants, but denied them for rent-stabilized tenants because landlord didn't file the application within two years of finishing the work. Landlord appealed. Its contractor's records showed that the punchlist work wasn't done until July 1992, so landlord's application was filed on time. The DHCR ruled against landlord. The physical installation was completed in January 1992, and landlord's application wasn't filed until July 1994.

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA granted the rent hikes for rent-controlled tenants, but denied them for rent-stabilized tenants because landlord didn't file the application within two years of finishing the work. Landlord appealed. Its contractor's records showed that the punchlist work wasn't done until July 1992, so landlord's application was filed on time. The DHCR ruled against landlord. The physical installation was completed in January 1992, and landlord's application wasn't filed until July 1994. The date that the installation is completed is the controlling date, not the date when all adjustments are made or defects corrected.

Chelsmore Apts. Co.: DHCR Adm. Rev. Dckt. No. JE430320RO (11/21/00) [2-pg. doc.]

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