MCI Application Filed Too Late

November 13, 2013

LVT Number: #25121

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, finding that its application was filed more than two years after the work was completed and therefore was untimely. Landlord appealed and lost. DOB signed off on the elevator upgrade on Aug. 13, 2007. Landlord filed its MCI application on Sept. 23, 2009. Landlord claimed that, after the DOB sign-off and within two years before filing its application, work was performed by its contractor to close a hole in the top of the elevator room.

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, finding that its application was filed more than two years after the work was completed and therefore was untimely. Landlord appealed and lost. DOB signed off on the elevator upgrade on Aug. 13, 2007. Landlord filed its MCI application on Sept. 23, 2009. Landlord claimed that, after the DOB sign-off and within two years before filing its application, work was performed by its contractor to close a hole in the top of the elevator room. But landlord didn't prove that this work was needed to complete the installation of the elevators. It therefore didn't extend the completion date, which was the date on which the DOB signed off on the installation.

177 East 75th Street: DHCR Adm. Rev. Docket No. YI410046RO (9/6/13) [1-pg. doc.]

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