Immediately Hazardous Violations on Record

Landlord applied for MCI rent hikes based on the installation of new apartment windows, roof, water tank and pipe insulation. Landlord stated that it was maintaining all required services. Tenants objected, claiming that there were repair issues. The DRA ruled for landlord and granted the rent hikes effective on a date in 1990. Tenants appealed. HPD records showed that there were 107 immediately hazardous ''C'' violations on record. The DHCR reopened the case for submission of further proof that these violations had been corrected. Based on submissions from landlord and tenants, as well as an inspection, the DHCR again approved the MCI rent hikes, but changed the effective date to March 1, 1994. Landlord appealed, claiming this was unreasonable. The court ruled against landlord. The DHCR had the authority to deny landlord's MCI application if there were immediately hazardous violations in the building. The DHCR reasonably changed the effective date of the MCI increase based on proof of when the violations were actually cleared.

Uptown Realty Unlimited LLC v. DHCR: Index No. 113960/04 (Sup. Ct. NY 12/5/05; Zweibel, J) [14-pg. doc.]