Landlord Cleared Class C Violations

LVT Number: #23476

The DRA granted landlord's MCI rent increase application based on the installation of a new roof. Tenant appealed, claiming that no increase was permissible because there were outstanding hazardous violations placed against the building. The DHCR ruled against tenant. Tenant raised only a general claim before the DRA that there were violations on record. But tenant submitted no HPD printout showing specfic violations. Landlord, on the other hand, submitted a sworn statement from an architect that all Class C violations had been corrected. So the DRA properly ruled for landlord.

The DRA granted landlord's MCI rent increase application based on the installation of a new roof. Tenant appealed, claiming that no increase was permissible because there were outstanding hazardous violations placed against the building. The DHCR ruled against tenant. Tenant raised only a general claim before the DRA that there were violations on record. But tenant submitted no HPD printout showing specfic violations. Landlord, on the other hand, submitted a sworn statement from an architect that all Class C violations had been corrected. So the DRA properly ruled for landlord.

225 Eastern Parkway: DHCR Adm. Rev. Docket No. WJ210024RT (5/6/11) [3-pg. doc.]

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