Landlord Didn't Prove Violations Were Cured

Landlord applied for 2008-09 maximum base rent (MBR) increases for rent-controlled tenants. Landlord filed a violation certification stating that all rent-impairing violations and 80 percent of nonrent-impairing violations on record with HPD had been corrected. Landlord submitted sworn statements from tenants and building employees, as well as an architect certification to support this claim. The DRA asked landlord for additional proof that five violations had been removed. Landlord claimed that it had already submitted enough proof. The DRA ruled against landlord and denied the MBR increases. Landlord appealed and lost. The DRA correctly asked landlord for additional proof that the violations had been cleared. The documentation that landlord submitted concerned prior violations imposed before 2005, and had no bearing on the 2008-09 MBR cycle.

Goodman & Trachtenberg, LLC: DHCR Adm. Rev. Docket No. WF220001RO (7/24/08) [3-pg. doc.]