Landlord Proved Correction of Rent-Impairing Violation

(Decision submitted by Blaine Z. Schwadel of the Manhattan law firm of Rosenberg & Estis,attorneys for the landlord.) The DRA denied landlord's application for 1988-1989 MBR increases, finding that landlord's certification of repairs of a rentimpairing violation wasn't sufficient proof. The rent-impairing violation was the filing of the change in managing agent with HPD. Landlord appealed and won. Landlord showed that it had in fact filed the notice of change four times between 1984 and 1987. The problem was that andlord's compliance didn't show up on HPD's outdated list of pending violations, which the DRA had relied on.

Sulzberger-Rolfe: DHCR Adm. Rev. Dckt. No.ID 420020 RP (2/7/95) [4-page document]