Landlord Didn't File Application on Time
LVT Number: 18952
Landlord applied for MCI rent hikes based on the installation of new windows. The DRA ruled against landlord because landlord hadn't filed the application on time. Landlord appealed and lost. Landlord claimed that it filed the application within two years of completion of the work, as required. To qualify, an MCI application must be filed within two years of the date of physical completion of the work, not the date that landlord makes the final payment for the work done. Landlord notified the DHCR only of the months and year of start and completion of the work, but left out the days of the months. The last check was paid to the window supplier two years and one week before landlord filed its MCI rent hike application. But the work must have been completed by a prior date, because the installer was fully paid on that date. The industry standard is that the last payment is never made to the contractor or installer until all work is completed. So landlord didn't prove that it filed the MCI application within two years of completion of the work claimed.
1070 East New York Ave.: DHCR Adm. Rev. Dckt. No. SH210074RO (12/15/05) [2-pg. doc.]