Landlord Must Get Chance to Prove Violations Corrected

Landlord applied for MBR increases for rent-controlled tenants. The DRA ruled for landlord, and tenants appealed. The DHCR granted tenants' PAR and revoked the MBR increases. The DHCR found that landlord hadn't properly certified that all rent-impairing violations and at least 80 percent of all other violations recorded against the building one year before the effective date of the proposed MBR increase had been corrected. Landlord then appealed, arguing that the DHCR's decision was arbitrary and unreasonable. The court ruled for landlord. As landlord pointed out, the DHCR's decision was based on supposed violations that weren't raised by tenants, so landlord was unfairly denied a chance to explain and prove that these violations were corrected. The case was sent back to the DHCR for further investigation.

Walker v. DHCR: Index No. 104213/99 (Sup. Ct. NY 9/28/99; Weissberg, J) [2-pg. doc.]