Landlord Cleared Sufficient Violations to Get Rent Increase

Landlord applied for an increase in rent-controlled tenant's maximum base rent (MBR) for the 2018-2019 MBR increase cycle. The DRA ruled for landlord and increased the MBR as well as tenant's maximum collectible rent (MCR). Tenant then filed a challenge to the MBR increase. The DRA ruled against tenant, who appealed and lost. Landlord was required to clear, correct, or abate all rent-impairing violations and at least 80 percent of all other NYC code enforcement violations recorded against the building on Jan. 2, 2018, where the MBR application was filed by June 30, 2018, or as of six months prior to the date of filing if the MBR application was filed after June 30, 2018, in order to obtain an increase for the 2018-2019 period. Here, the last MBR grant was filed on June 21, 2013, and landlord filed the Violation Certification on Aug. 16, 2017. So the review period was from Jan. 1, 2013, through Feb. 16, 2017. The HPD report dated Aug. 9, 2017, showed no rent-impairing violations and 30 non-rent-impairing violations. Prior to the report, landlord had reduced 81 non-rent-impairing violations to 30. Therefore, since landlrod had abated 100 percent of the rent-impairing violations and at least 80 percent of the non-rent-impairing violations, the MBR application was properly granted.

O'Sullivan: DHCR Adm. Rev. Docket No. GV420031RT (12/4/18) [2-pg. doc.]