"C" Violations Pending When MCI Application Filed Had Been Corrected

The DRA granted landlord's application for MCI rent hikes based on the installation of a new steel boiler and hot water storage tanks. Tenants appealed, claiming that it was an error to grant the MCI rent hike because immediately hazardous violations were pending against the building. The DHCR ruled against tenants. Landlord filed the MCI application on Aug. 12, 2014, and submitted an architect's affidavit at that time stating that five non-lead paint-related class "C" violations were pending, that the building was inspected in July 2014, and that all violations had been remedied. Additional "C" violations cited in tenants' PAR were issued after the MCI application was docketed and therefore weren't grounds for denying the MCI rent hike.

Epstein: DHCR Adm. Rev. Docket No. DU430017RT (7/27/17) [2-pg. doc.]