Landlord Didn't Certify Correction of Violations on Time

LVT Number: 9143

Landlord applied for the 1992/93 MBR increase. The DRA denied the application because landlord didn't clear enough violations on time. Landlord appealed, arguing that an HPD inspection confirmed that he'd cleared enough violations to qualify for the MBR increase. Landlord loses. To have qualified for the full 1992/93 increase, landlord had to submit the certification by June 30, 1991. The DHCR then gives landlord until six months before the MBR period ends---in this case, June 30, 1993---to qualify for a partial MBR increase.

Landlord applied for the 1992/93 MBR increase. The DRA denied the application because landlord didn't clear enough violations on time. Landlord appealed, arguing that an HPD inspection confirmed that he'd cleared enough violations to qualify for the MBR increase. Landlord loses. To have qualified for the full 1992/93 increase, landlord had to submit the certification by June 30, 1991. The DHCR then gives landlord until six months before the MBR period ends---in this case, June 30, 1993---to qualify for a partial MBR increase. But the HPD inspection showed that landlord hadn't cleared enough violations by that date.

J.C. Dwight Inc.: DHCR Adm. Rev. Dckt. No. HC 420136-RO (9/14/94) [3-page document]

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