HSTPA Amendments Concerning Immediately Hazardous Violations Didn't Apply

Landlord applied to the DHCR for MCI rent hikes based on installation of a backflow prevention device. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that the installation wasn't required by law. Also, tenant claimed that the building had three open immediately hazardous "C" violations and therefore, under HSTPA amendments to the Rent Stabilization Law, the MCI increase was barred. 

The DHCR pointed out that installation of the backflow preventer, when required by law, constitutes an MCI under RSC Section 2522.4(a)(2)(iii). Landlord showed that the installation was needed in order to comply with a specific requirement of New York State and NYC law. And HSTPA amendments to MCI processing in connection with "C" violations didn't apply to landlord's already pending application.  Since landlord's application was pending on June 14, 2019, the Rent Stabilization Code amendments issued on Jan. 8, 2014 concerning "C" violations applied. Landlord's architect submitted a sworn statement that the three open HPD class "C" violations were corrected on July 9, 2018, and no longer existed. 

Springer: DHCR Adm. Rev. Docket No. HM210023RT (9/11/20) [2-pg. doc.]