'C' Violations Were Entered by HPD After MCI Application Was Filed

Landlord applied for MCI rent hikes based on gas repiping and intercom installation. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that there were hazardous C violations on record for the building when the DRA's order was issued. The DHCR noted that four C violations were entered in HPD's database after the date that landlord filed its MCI application. Under Rent Stabilization Code Section 2522.4(a)(13), as amended in 2014, violations that are placed on record after the MCI application has been filed but before issuance of a DRA order don't present a bar to an MCI rent increase. So there were no grounds to revoke the MCI increase order based on outstanding C violations.

Li: DHCR Adm. Rev. Docket No. ER610028RT (10/11/18) [2-pg. doc.]