Landlord Cleared Immediately Hazardous Violations

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DRA ruled against landlord because, according to HPD records, four immediately hazardous violations were pending against the building. Landlord appealed, claiming that it had corrected the violations. Landlord had submitted to the DRA an architect's affidavit stating that two of the four existing immediately hazardous violations had been corrected. With regard to the third, heat violation, landlord showed that after the violation was issued, landlord replaced the boiler and received an MCI rent hike from this work. Landlord also showed that it had corrected the fourth violation for paint and plaster conditions in one tenant's apartment. The DHCR ruled for landlord and granted the MCI rent hike. While the violations still appeared in HPD's records, the DHCR's own inspection confirmed that they had been corrected.

Kinway Realty Co.: DHCR Adm. Rev. Dckt. No. RG230068RO (5/26/04) [6-pg. doc.]