Landlord Filed Late Registration

LVT Number: 13845

Landlord applied for MCI rent hikes based on the installation of new windows and an entrance door. The DRA ruled against landlord based on a missing rent registration. Landlord appealed, claiming that the DRA had ignored his request for an extension of time to file the missing registration. The DHCR ruled for landlord. The work done qualified as an MCI. Under DHCR Policy Statement 90-9, if landlord didn't file the initial registration statements in 1984, and registration took place later, MCI increases will be effective prospectively from the date of the late registration.

Landlord applied for MCI rent hikes based on the installation of new windows and an entrance door. The DRA ruled against landlord based on a missing rent registration. Landlord appealed, claiming that the DRA had ignored his request for an extension of time to file the missing registration. The DHCR ruled for landlord. The work done qualified as an MCI. Under DHCR Policy Statement 90-9, if landlord didn't file the initial registration statements in 1984, and registration took place later, MCI increases will be effective prospectively from the date of the late registration. Landlord's late registration was filed one day after the DRA's order was issued. But landlord had previously asked the DRA for an extension of time to file any missing registrations. Landlord complied with the registration requirements, and the DRA should have waited until after landlord filed the registration to issue an order granting the MCI increases.

1012 Manhattan Ave.: DHCR Adm. Rev. Dckt. No. GH230021RO (12/24/99) [3-pg. doc.]

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