Co-op Owner Can't Collect MBR Increase

Landlord cooperative apartment owner applied for 2006-07 MBR increase for rent-controlled apartment it owned. The DRA ruled against landlord because there were too many outstanding rent-impairing violations on record with HPD for the building. Landlord appealed, pointing out that it owned only tenant's apartment, that there were no violations in tenant's apartment, the building's public areas were violation-free, and landlord had no control over other violations. The DHCR ruled against landlord. Landlord must satisfy the violation certification requirements for the building to get the MBR increase. It is the duty of the building's managing agent or the cooperative corporation to ensure compliance with MBR requirements.

Woodside Partners III, LLC: DHCR Adm. Rev.Docket No. VC120101RO (7/31/07) [3-pg. doc.]