Landlord Gets MBR Increases After Proving Enough Violations Were Cleared

Landlord applied for 2002-03 maximum base rent (MBR) increases for rent-controlled tenants. The DRA ruled for landlord. Tenants appealed, claiming that there was an outstanding DHCR order finding that the building elevators weren't working properly and that there was soot in the building. The DHCR ruled against tenants. Between Jan. 2, 1999, and May 29, 2001, HPD first recorded seven rent-impairing violations and 73 nonrent-impairing violations. A licensed architect certified for landlord that all seven rent-impairing violations were repaired, as well as 66 of the nonrent-impairing violations. Also, a recent HPD report showed no violations pending against the building. And the DHCR orders that tenants relied on were for conditions that weren't reported by HPD during the two-year period in question.

Franks: DHCR Adm. Rev. Docket No. UI420033RT (1/19/07) [2-pg. doc.]