Landlord Qualified for MBR Increase

The DRA granted landlord's application for 2014-2015 Maximum Base Rent (MBR) increases based on its finding that landlord had correctly certified violation clearance requirements. Tenant challenged the DRA's ruling, finding that there were too many violations on record to qualify for MBR increases. The DRA ruled against tenant, who appealed and lost. Landlord was required to clear all rent-impairing violations and at least 80 percent of all other violations that were recorded on Jan. 1, 2013. Landlord showed that the building super had installed a proper lock and smoke detector in tenant's apartment. So there were no violations that could have disqualified landlord from MBR increases. Landlord had corrected the one rent-impairing violation and all six non-rent-impairing violations previously on record for the building.

Johnson: DHCR Adm. Rev. Docket No. CV420011RT (11/4/14) [3-pg. doc.]