Landlord Submitted Architect Statement That Violation Was Corrected

Landlord applied for MCI rent hikes based on pointing and exterior restoration of its building. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that building-wide gas service hadn't been maintained, that the MCI work was incomplete, that there was weather seepage into apartments, and that there were "C" violations on record for the building with HPD. The DHCR found that the claimed failure to maintain gas service was unrelated to the MCI. Tenants could file a separate complaint if services weren't maintained at the building. Tenant didn't raise any claim concerning the work before the DRA. Also, it was long-standing DHCR policy that, for C violations not pertaining to lead-based paint, the DHCR may process the MCI application and, even if not actually removed from HPD's database, landlord could provide a statement from an independent architect affirming that the underlying conditions for the "C" violation had been corrected. Landlord did so in this case.

Lopez: DHCR Adm. Rev. Docket No. FV430008RT (11/30/18) [2-pg. doc.]