Landlord Didn't Remove Enough Violations for MBR Increase

November 1, 2002

LVT Number: 16195

Landlord applied for MBR increases for the 1988-89 cycle. The DHCR ruled against landlord, and landlord challenged the DHCR's ruling in court. The court and appeals court ruled against landlord. The DHCR's decision was reasonable. According to 1987 HPD inspection reports, landlord hadn't removed at least 80 percent of building violations at the time the application was filed. Landlord argued that the DHCR should have looked at HPD's 1990 inspection reports. But the 1987 reports were made closer to the time that removal of the violations was required.

Landlord applied for MBR increases for the 1988-89 cycle. The DHCR ruled against landlord, and landlord challenged the DHCR's ruling in court. The court and appeals court ruled against landlord. The DHCR's decision was reasonable. According to 1987 HPD inspection reports, landlord hadn't removed at least 80 percent of building violations at the time the application was filed. Landlord argued that the DHCR should have looked at HPD's 1990 inspection reports. But the 1987 reports were made closer to the time that removal of the violations was required.

Mayflower Development Corp. v. Roldan: NYLJ, 10/28/02, p. 24, col. 4 (App. Div.1 Dept.; Andrias, JP, Ellerin, Rubin, Friedman, Gonzalez, JJ)

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