Landlord Proved Correction of Violations

Landlord applied for 1992–93 MBR increases and certified that the required number of building violations had been corrected. The DRA ruled for landlord, and tenants appealed. Tenants claimed there were too many violations remaining for landlord to qualify. The DHCR ruled for tenants in part. To qualify for MBR increases, landlord had to certify that a certain number of violations on record six months before the filing date had been corrected. The statements of landlord's building super and managing agent concerning the correction of violations were believable. But since these statements weren't made until Feb. 7, 1992, the effective date of landlord's 1992–93 MBR increases was delayed from Jan. 1, 1992, to Sept. 1, 1992, a date six months after Feb. 7, 1992.

Koz: DHCR Adm. Rev. Dckt. No. HD420395RT (3/18/99) [4-pg. doc.]