Landlord Didn't Prove Correction of Rent-Impairing Violation

Landlord applied for MBR rent increases for 1998-99. The DRA ruled against landlord, finding that landlord hadn't corrected all of the rent-impairing violations to qualify for the MBR increases. Landlord appealed, claiming that it had repaired a rent-impairing roof violation and that, in any event, the cooperative corporation was responsible for its correction, not landlord. The DHCR ruled against landlord. Landlord's proof of correction of a rent-impairing violation didn't indicate when the work was done. To qualify for MBR increases for 1998-99, the violation must have been corrected six months before Jan. 1, 1998. Also, it didn't matter whose responsibility it was to correct the violation.

Jadam Equities Ltd.: DHCR Adm. Rev. Dckt. No. NH420001RO (1/13/00) [3-pg. doc.]