ECB Violations Improperly Issued

Landlord applied for MCI rent hikes based on the installation of an intercom, mailboxes, adequate wiring, and plumbing and gas repiping. The DRA ruled against landlord because ECB had issued hazardous ''C'' violations on the building that were in effect at the time the DRA's order was issued. The violations were for occupancy of the building contrary to the temporary certificate of occupancy. Landlord appealed, claiming that the ECB violations were issued in error. Landlord said that the ECB incorrectly interpreted the C of O, finding that there were six legal apartments, instead of nine. While the PAR was pending, landlord submitted an ECB decision that dismissed the violations and acknowledged the error. So the DHCR ruled for landlord and granted the MCI rent hikes.

494 Hudson LLC: DHCR Adm. Rev. Dckt. No. SC430007RP (2/1/05) [5-pg. doc.]