Landlord Didn't Previously Ask DHCR to Combine Violations

The DRA denied landlord MBR increases for 1990-1991 because landlord didn't clear the required number of violations from his record with HPD. Landlord appealed, claiming it had cleared all rentimpairing violations and 80 percent of non-rent-impairing violations. The DHCR ruled for landlord and later granted the MBR increases. Tenants appealed, requesting reconsideration. Landlord claimed it had cleared 80 percent of the 14 non-rent-impairing violations. But only 10 violations had been corrected, which was less than the required 80 percent. Landlord claimed that two building-wide non-rent-impairing violations should have been combined as multiple violations. The DHCR ruled for tenants and revoked the MBR increases. Landlord didn't request that any of the violations be combined at the time it filed its violation certification.

Singer: DHCR Adm. Rev. Dckt. No. JA 420042 RK (3/3/95) [6-page document]