Lead Paint Violations Bar MCI Rent Hikes

Landlord applied for MCI rent hikes based on the installation of entrance doors and an intercom, as well as resurfacing of exterior walls. The DRA ruled against landlord based on a finding that there were four immediately hazardous "C" violations on record with HPD for lead paint at the building. Landlord appealed and lost, claiming that, although the violations still appeared on HPD's Web site, they had been cured. Rent Stabilization Code Section 2522.4(a)(13) bars collection of an MCI increase if there are current immediately hazardous violations on record while an MCI application is pending. And it's long-standing DHCR policy that HPD lead paint "C" violations must be removed from the HPD database before an MCI rent hike is granted. Landlord had sought removal from the HPD databse, but HPD hadn't done so.

29-45 Sickles Street: DHCR Adm. Rev. Docket No. ZC410039RO (3/30/12) [3-pg. doc.]