Landlord Corrected Required Number of Violations

November 1, 2004

LVT Number: 17690

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) The DRA granted maximum base rent (MBR) increase for 2000-2001. Tenants challenged the MBR increases. They claimed that landlord didn't correct the number of violations required to get the increases. The DRA ruled against tenants. They appealed and lost. Landlord proved that the required number of violations was corrected as of June 30, 1999. So landlord was entitled to collect the MBR increases, starting Jan. 1, 2000. HPD records showed that as of Jan.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) The DRA granted maximum base rent (MBR) increase for 2000-2001. Tenants challenged the MBR increases. They claimed that landlord didn't correct the number of violations required to get the increases. The DRA ruled against tenants. They appealed and lost. Landlord proved that the required number of violations was corrected as of June 30, 1999. So landlord was entitled to collect the MBR increases, starting Jan. 1, 2000. HPD records showed that as of Jan. 1, 1999, the building had no rent-impairing violations and 20 nonrent-impairing violations.

Andros: DHCR Adm. Rev. Dckt. No. RH420012RT (10/21/04) [5-pg. doc.]

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