Landlord Didn't Submit DOB Form Asked for by DRA

Landlord applied for MCI rent hikes based on installation of a new plumbing system. The DRA ruled against landlord. The DRA had asked landlord to submit a ''B-Form 505,'' which is a DOB certification that plumbing work was completed. Landlord submitted other DOB forms, but not the requested form. Almost two years later, after continuing to send the DRA letters, landlord submitted the proper form and asked for reconsideration of the DRA's order. The DRA reconsidered the order and granted landlord's application for the MCI increases. Tenants appealed, claiming that landlord should have submitted the form originally and that it was improper to reopen the MCI application so long after it was decided. The DHCR ruled for tenants, and landlord appealed and lost. The DRA had properly asked landlord for the DOB form, which landlord didn't submit while its MCI application was pending. The DHCR's final ruling against landlord was reasonable.

Henschke v. DHCR: NYLJ, p. 27, col. 3 (4/30/98) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Wallach, Williams, Mazzarelli, JJ)