DHCR Won't Consider Certified Violations from Prior MBR Cycle

Tenant challenged MBR rent increases approved by the DRA for landlord's building. The DRA ruled against tenant. Tenant appealed, claiming that there were some building violations that prevented the MBR increase. The DHCR ruled against tenant. Current HPD records showed that landlord had cleared enough violations to warrant MBR increases for the 2000-01 cycle. Tenant's complaint related to old violations. But once the DHCR grants an MBR increase, it will no longer investigate issues relating to that MBR in a later MBR cycle. So the DHCR won't consider violations first reported on or before Jan. 1, 1997. MBR increases for 2000-01 are based on violations in effect on Jan. 1, 1999.

Kerstein: DHCR Admin. Rev. Dckt. No. QA420013RT (6/7/02) [5-pg. doc.]