Landlord Failed to Document Clearance of B and C Violations

Landlord applied to the DHCR for MCI rent hikes based on building facade restoration. The DRA ruled against landlord because landlord failed to correct the hazardous and immediately hazardous violations at the building. Landlord appealed and lost. The Rent Stabilization Law permits the DHCR to deny an MCI application if the landlord isn't maintaining all required services or if there are current hazardous or immediately hazardous violations outstanding under the NYC Housing Maintenance Code, NYC Building Code, or NYC Fire Code. When landlord filed its MCI application on Aug. 31, 2021, it claimed there were no "active, FDNY, ECB or DOB hazardous violations" and that it would "follow up" on HPD B and C violations that it said required an HPD inspection. The DRA immediately returned landlord's application because there were 36 Class B and C violation on file with HPD. The DRA's notice to landlord provided guidance on how to remove violations and documentation that landlord could file with a refiled MCI application. Landlord resubmitted its MCI application on Oct. 12, 2021, but didn't include any documentation of violation clearance. So the DRA properly denied landlord's MCI application. Landlord submitted proof of violation clearance with its PAR but didn't explain why it didn't submit this information to the DRA. The DHCR couldn't consider new evidence on appeal. 

1049 Glenmore, LLC: DHCR Adm. Rev. Docket No. KO210026RO (11/10/23)[4-pg. document]