Landlord Didn't Clear Immediately Hazardous HPD Violations

Landlord sought MCI rent hikes based on the installation of a gravity water tank. The DRA ruled against landlord because there were pending HPD "C" violations for immediately hazardous conditions at the building. Landlord appealed and lost. The DRA notified landlord of the 45 outstanding "C" violations and requested additional information on March 24, 2010. The DRA advised landlord that no MCI increase could be granted unless the violations were removed from HPD's Web site. Landlord showed that it submitted a dismissal request form to HPD on March 30, 2010.  On Nov. 9, 2010, the DRA notified landlord that there were still 13 "C" violations listed by HPD. On Nov. 22, 2010, landlord told the DRA that those violations were all in apartments where tenants didn't give HPD access. Landlord had submitted another dismissal request form to HPD. The DRA sent landlord one more request for additional information concerning the violations on Dec. 13, 2010. Landlord didn't respond, and the DRA denied landlord's application on Feb. 3, 2011. While landlord claimed that the tenants' access refusal was the reason that the "C" violations remained and that any lead paint violations had been fixed, HPD's Web site showed that there were now 16 "C" violations, including five for lead paint conditions. Three of the "C" violations had been added since the DRA last reviewed HPD's Web site.  The DRA gave landlord sufficient opportunity to correct the violations before issuing its order.

550 W. 157th Street: DHCR Adm. Rev. Docket No. ZC430031RO (4/3/13) [3-pg. doc.]