MBR Increase Denied

Landlord applied for 2004-2005 Maximum Base Rent (MBR) increases. The DRA ruled against landlord because landlord had not cleared at least 80 percent of the nonrent-impairing violations on record with the HPD. Landlord appealed, claiming that it had repaired most of the violations, tenant had refused access to clear one of them, and two of the violations should be deemed one item. The DHCR ruled against landlord. Landlord was required to correct at least 39 of the 49 building violations to qualify for MBR increases. Landlord didn't submit proof that tenant didn't give access to correct one of the violations. There were two violations for one apartment: one for plastering, one for painting. The DRA correctly counted these as two violations. The HPD inspection also showed that the remaining violations had not been corrected.

Parkoff Mgmt.: DHCR Adm. Rev. Docket No. UF420018RO (11/17/06) [3-pg. doc.]