Landlord Didn't Correct Enough Violations

Landlord applied for MBR increases for 1990-1991. The DRA ruled against landlord because landlord hadn't cleared the required number of violations from his record with HPD. Landlord appealed, claiming that enough violations had been cleared. The DRA ruled for landlord and granted the MBR increases. Tenant then appealed. Documents showed that landlord hadn't cleared the needed number of violations on time to qualify for the MBR increases. The violation on record with HPD on Jan. 1, 1989, relating to fire doors was for landlord not removing a device that prevents the fire doors from self-closing. So landlord's claim that the fire door violation was tenant-induced was without merit. As of Sept. 29, 1989, an HPD inspection also showed that the violation hadn't been cleared.

Wintner: DHCR Adm. Rev. Dckt. No. FG 420361 RT (3/24/95) [4-page document]