Architect's Affidavit Doesn't Prove Correction of Violations

Landlord applied for MBR rent increases for 1998-99. The DRA ruled for landlord, and rent-controlled tenant appealed. Tenant claimed that landlord hadn't corrected enough building violations to qualify for the MBR increases. Landlord pointed out that it had submitted an architect's affidavit stating that landlord had corrected the required number of violations. The DHCR ruled for tenant. The architect certified that only type B and C violations, not requiring tenant action or access, had been corrected. The architect didn't state that he had inspected type A violations. There were at least eight A violations that hadn't been corrected and at least 12 violations in apartments that weren't corrected. Therefore, landlord hadn't proved it had corrected the required number of violations to qualify for MBR increases for the period in question.

Ettinger: DHCR Adm. Rev. Dckt. No. NK420019RT (1/12/01) [4-pg. doc.]