Landlord Proves Violations Cured

Landlord sought MBR increases and filed a violation certification form for 2008-09. Landlord claimed all rent-impairing violations and 80 percent of all other violations on record with HPD as of six months before the filing date had been cured. The DRA ruled against landlord, finding landlord didn’t prove that the building roof had been repaired to stop water leaking into one apartment. Landlord appealed and won. Landlord’s building super stated that the roof violation had been cured by a roofing company in 2006. And HPD issued a Dismissal Request Inspection Report based on its September 2008 inspection, which indicated that the violation had been cured. So landlord had cured enough violations and was eligible for MBR increases for the 2008-09 cycle.

Westmoreland Associates LLC: DHCR Adm. Rev. Docket No. XF120002RP (10/23/09) [4-pg. doc.]