Enough Violations Cleared for MBR Increases

Landlord applied for 2006-2007 MBR increases and certified that all rent-impairing and at least 80 percent of nonrent-impairing violations at the building were cleared. The DRA ruled for landlord. Tenant appealed, claiming that HPD's records showed 12 rent-impairing violations. The DHCR ruled against tenant. The HPD violations in question were reported in 1991. The DHCR had already granted landlord's MBR increase application for 1994-1995 based on a finding that they had been cleared. No new violations had been posted since 1991. Landlord also got MBR increases for prior cycles since 1996. So there were no violations on record for the current review period.

Eisenberg: DHCR Adm. Rev. Docket No. VC220042RT (7/31/07) [4-pg. doc.]