Insufficient Proof Landlord Cleared Violations

Landlord applied for maximum base rent increases for the 2008-09 MBR cycle. Landlord stated that it had cleared or corrected all rent-impairing violations and at least 80 percent of the nonrent-impairing violations on record with HPD as of Jan. 1, 2007. Landlord submitted a sworn statement from the building super to support this claim. The DRA asked landlord for additional proof, but none was submitted. The DRA then ruled against landlord and denied any MBR increases. Landlord appealed and lost. The building violations in question all were recorded by HPD after the date of the building super's statement. And although landlord had requested reinspection by HPD, this hadn't occurred by the time the DRA ruled on landlord's application. So landlord didn't prove that the required number of building violations had been cleared. The DRA correctly denied any MBR increases for this period.

The 200 West 109 Condominium: DHCR Adm. Rev. Docket No. WG420055RO (9/11/08) [2-pg. doc.]