Landlord Didn't Certify Enough Corrected Violations for MBR Order of Eligibility

In April 2019, landlord filed with the DHCR a violation certification form for the 2020-2021 maximum base rent (MBR) biennial cycle for rent-controlled tenants in the building. The form certified that all rent-impairing violations and 80 percent of all other violations on record with HPD had been cured as of Jan. 1, 2019. In October and November 2019, the DRA requested additional information and pointed out that HPD's records still listed two of the violations in question. Landlord's response showed one violation still hadn't been cured. The DRA then denied landlord's application for the MBR order of eligibility.

Landlord appealed and lost. As of April 22, 2019, there were still 16 non-rent-impairing violations on record with HPD. So landlord hadn't cured the required number of violations to qualify for a 2020-2021 MBR order of eligibility. Landlord could file a re-entry application by no later than May 31, 2021, if enough violations were cured to qualify for a later effective date for the MBR.

73 B 22 LLC: DHCR Adm. Rev. Docket No. IW220020RO (3/8/21) [3-pg. doc.]