Landlord Eligible for MBR Increases

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) The DRA denied landlord's 1986-87 MBR increase application because of a rent-impairing violation. Landlord appealed. HPD had later found that the violation in question was improperly written and should be canceled. The DHCR ruled for landlord, and tenants appealed. The court sent the case back to the DHCR for further fact finding. The DHCR held a hearing and ruled for landlord. Since HPD found the rent-impairing violation should never have been issued in the first place, landlord was eligible to collect MBR increases for 1986-87.

Mordland Assocs.: DHCR Adm. Rev. Dckt. No. OE430028RP (8/15/01) [5-pg. doc.]