Final Payment Made More Than Two Years After Work Completed

LVT Number: #25949

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord because the application was filed more than two years after DOB signed off on the work. Landlord appealed and lost. Landlord argued that the application was filed within two years after final payment was made for the elevator. But here, the work was completed before landlord made final payment to its contractor. So the final payment date didn't determine the two-year time limit for filing the MCI application.

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord because the application was filed more than two years after DOB signed off on the work. Landlord appealed and lost. Landlord argued that the application was filed within two years after final payment was made for the elevator. But here, the work was completed before landlord made final payment to its contractor. So the final payment date didn't determine the two-year time limit for filing the MCI application.

301 West 45th Street: DHCR Adm. Rev. Docket No. YH410043RO (11/28/14) [2-pg. doc.]

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