Application Denied Based on Violations

LVT Number: 12599

Landlord applied for MCI rent hikes based on elevator upgrading and installation of a waste compactor and burner. The DRA ruled for landlord, and tenants appealed, claiming that landlord wasn't maintaining services and that there were several outstanding service complaints at the time the DRA granted the MCI rent increases. The DHCR ruled for tenants. DHCR Policy Statement 90-8 states that no MCI increases will be granted if landlord isn't maintaining all required services prior to approval of the MCI increases or if there are current immediately hazardous violations.

Landlord applied for MCI rent hikes based on elevator upgrading and installation of a waste compactor and burner. The DRA ruled for landlord, and tenants appealed, claiming that landlord wasn't maintaining services and that there were several outstanding service complaints at the time the DRA granted the MCI rent increases. The DHCR ruled for tenants. DHCR Policy Statement 90-8 states that no MCI increases will be granted if landlord isn't maintaining all required services prior to approval of the MCI increases or if there are current immediately hazardous violations. There were currently 66 violations on landlord's building. At the time landlord's MCI application was filed, there were four Class (c) violations. Since the MCI order was issued, an additional 22 immediately hazardous violations were placed on the building. These included elevator violations. The DHCR had also ruled for tenants in nine separate building-wide service complaints less than three months after the MCI increases were granted.

2070 Grand Concourse: DHCR Adm. Rev. Dckt. Nos. HK630058RT, HK630075RT, HK630107RT (4/29/98) [3-page document]

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