Landlord Didn't Clear Enough Violations

Landlord sought 2010-2011 MBR increases for rent-controlled tenants and filed a violation certification for that period. Landlord claimed that all rent-impairing, and at least 80 percent of nonrent-impairing, violations had been cleared. The DRA ruled against landlord, finding that landlord hadn't cleared this minimally required number of violations. Landlord appealed and lost. HPD had 10 rent-impairing violations and 70 nonrent-impairing violations on record for the building. Since tenant caused two of the rent-impairing violations, these were deemed waived. But landlord's architect failed to list seven other rent-impairing violations on his affidavit stating that violations had been cleared. So there was insufficient proof that these violations were cleared.

Residential Management, Inc.: DHCR Adm. Rev. Docket No. YF420001RO (6/2/11) [3-pg. doc.]