Landlord Didn't File Violation Certification

Landlord applied for MBR rent increases for the 2006-07 cycle. The DRA received landlord's operation and maintenance and essential service certification. But landlord didn't file a violation certification. So the DRA denied any MBR increase to rent-controlled tenants in the building for this period. Landlord filed a challenge to the DRA's order, claiming that it had submitted the violation certification. The DHCR ruled against landlord. Landlord submitted a copy of an Express Mail receipt with a hand-written notation "1/26/06-VC's," and a hand-written list of 53 building addresses, including the address in question. Although landlord was permitted to mail to the DHCR several violation certifications for different buildings in a single envelope, there was insufficient proof that landlord mailed the violation certification for the building the DRA claimed wasn't received. The addresses could have been noted incorrectly days or weeks after the mailing, and landlord didn't submit an affidavit of mailing from an employee. Although landlord claimed that DHCR must have committed an error, it was equally possible that landlord's staff failed to place the violation certification for the building in the envelope with the others. And landlord's prior MBR application for this building also had been denied.

Pinnacle Management: DHCR Adm. Rev. Docket No. VF420007BO (11/14/07) [3-pg. doc.]