Later Violations Aren't Considered

Landlord applied for MBR increases for rent-controlled tenants. The DRA at first ruled against landlord, but later granted the rent increases effective Jan. 1, 1994, after finding that landlord had certified that the required percentage of building violations was corrected. Tenant appealed, claiming that various violations continued to exist. The DHCR ruled against tenant. To get MBR increases effective Jan. 1, 1994, landlord had to certify that all rent-impairing violations and 80 percent of all nonrent-impairing violations recorded against the building one year before that date had been corrected at least six months before the effective date. The violations tenant referred to were recorded after Jan. 1, 1993, and so couldn't be considered in this case.

Mencher: DHCR Adm. Rev. Dckt. No. JJ620011RT (12/3/99) [2-pg. doc.]