HPD Violations After Jan. 1, 2003, Irrelevant to 2004-05 MBR Cycle

June 30, 2007

LVT Number: #19731

Landlord applied for MBR increases for the 2004-05 cycle. The DRA ruled for landlord and issued an Order of Eligibility for the increases. Tenants challenged the DRA's order, claiming that there were too many HPD violations on record for landlord to get the MBR increases. The DRA ruled against tenants. They appealed and lost. The only violations at issue were those placed on record for the building from Jan. 1, 2001, to Jan. 1, 2003. All rent-impairing violations and more than 80 percent of nonrent-impairing violations for this period had been corrected.

Landlord applied for MBR increases for the 2004-05 cycle. The DRA ruled for landlord and issued an Order of Eligibility for the increases. Tenants challenged the DRA's order, claiming that there were too many HPD violations on record for landlord to get the MBR increases. The DRA ruled against tenants. They appealed and lost. The only violations at issue were those placed on record for the building from Jan. 1, 2001, to Jan. 1, 2003. All rent-impairing violations and more than 80 percent of nonrent-impairing violations for this period had been corrected. Violations placed against the building after Jan. 1, 2003, weren't relevant to MBR increases for 2004-05.

142 E. 49th St. TA: DHCR Adm. Rev. Docket No. UH420042RT (4/19/07) [4-pg. doc.]

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