Access Denied to Correct Violation

Landlord applied for 1992-93 MBR increases for rent-controlled tenants. The DRA ruled against landlord, finding that landlord hadn't corrected on time the required number of building violations on record with HPD to be eligible for the MBR increases. Landlord appealed, claiming that the violations were properly correct- ed. Review of HPD records also showed that one of the violations hadn't been corrected because tenant had denied land- lord access to the apartment where the violation had occurred. So this particular violation shouldn't have been counted toward the total in calculating whether landlord had corrected the required percentage of existing violations on time. Under the revised calculations, landlord had corrected at least 80 percent of the violations and was entitled to MBR increases for 1992-93.

Cheng: DHCR Adm. Rev. Dckt. No. HD420090RO (11/5/98) (3-page document]