False Certified Violations on Record

Landlord applied for MBR rent increases. The DRA ruled for landlord, finding that it met the violation certification requirements. Tenant appealed, claiming that landlord hadn't cleared enough violations to get the MBR increases. The DHCR ruled for tenant. Landlord had submitted an engineer's statement that various violations were cleared. But HPD records stated that 26 of the violations landlord claimed to have corrected were false certified. The only way a false certified violation can be dismissed is if landlord pays $300 to order a dismissal request and an inspection proves that the violations were corrected. Landlord hadn't done so. So landlord hadn't corrected 80 percent of the outstanding violations and wasn't entitled to MBR increases.

Rodriguez: DHCR Adm. Rev. Dckt. No. QJ120040RT (7/8/03) [3-pg. doc.]