No Time Limit on MCI Application Affecting Rent-Controlled Tenants

In 1994, landlord refiled a prior MCI increase application, seeking rent increases from rent-controlled tenants only. The work in question had been completed in 1982. The DRA ruled for landlord. Tenants appealed, claiming that it was unfair or improper to permit the filing so many years after the work was done. The DHCR ruled against tenants. While there is a two-year time limit after completion of work under rent stabilization for filing an MCI application, there is no such time limit under rent control. So landlord's application was filed on time.

Wilcox: DHCR Admin. Rev. Dckt. No. JK420058RT (10/29/02) [4-pg. doc.]