Effective Date of MBR Increase Delayed Due to Late Filing of Violation Certification

November 25, 2018

LVT Number: #29753

Landlord filed a violation certification with the DHCR on July 17, 2017, seeking establishment of the building's 2018-2019 maximum base rents (MBRs) for rent-controlled tenants. Landlord submitted an HPD list dated Jan. 3, 2017, indicating that in 2015/16 there was one non-rent-impairing violation building-wide. Landlord also submitted its Operation and Maintenance (O&M) and Rent Schedule. The DRA issued the 2018-19 MBR order of eligibility with an effective date of Feb. 1, 2018. Landlord appealed and lost. Landlord claimed that the effective date of 2018 MBR should have been Jan.

Landlord filed a violation certification with the DHCR on July 17, 2017, seeking establishment of the building's 2018-2019 maximum base rents (MBRs) for rent-controlled tenants. Landlord submitted an HPD list dated Jan. 3, 2017, indicating that in 2015/16 there was one non-rent-impairing violation building-wide. Landlord also submitted its Operation and Maintenance (O&M) and Rent Schedule. The DRA issued the 2018-19 MBR order of eligibility with an effective date of Feb. 1, 2018. Landlord appealed and lost. Landlord claimed that the effective date of 2018 MBR should have been Jan. 1, 2018. But landlord was required to file its Violation Certification (VC) by June 30, 2017. Since landlord didn't file the VC until July 17, 2017, the DRA correctly delayed the effective rent increase date to Feb. 1, 2018. 

Beacon 109 212-214, LLC: DHCR Adm. Rev. Docket No. GQ420068RO (9/25/18) [3-pg. doc.]

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