MCI Improvements

[iprjp]

If there was no MCI filed for my rent-stabilized apartment for "improvements" my landlord stated he made 4 years ago (right before I moved in), is the rent increase based on the improvements still legal? Can he go back a file a retroactive MCI?

As well, if he did file, when can he start charging the higher rent, isn't it when DHCR approves the MCI increase? So if he files in September 1998, and DHCR approves in December 1998, he can't charge the higher rate until December 1998?

[Phil Cohen]

When an LL rehabs an apartment while vacant, he can add a fraction of the cost (1/40?) to the rent. That does not require an MCI application.
Yes, he may well have inflated the cost of improvements. But it is much too late to contest that.

Originally posted by iprjp:
If there was no MCI filed for my rent-stabilized apartment for "improvements" my landlord stated he made 4 years ago (right before I moved in), is the rent increase based on the improvements still legal? Can he go back a file a retroactive MCI?

As well, if he did file, when can he start charging the higher rent, isn't it when DHCR approves the MCI increase? So if he files in September 1998, and DHCR approves in December 1998, he can't charge the higher rate until December 1998?

[iprjp]

Why is it much too late to protest? I already filed a rent overcharge complaint with the DHCR and it was within the 4 year time limit.

[Phil Cohen]

Good--then it was within the legal time limit.
Wasn't stated in your post that you had filed.