MBR Increase Denied Based on DHCR Inspection

Landlord sought 2004-05 maximum base rent (MBR) increases for rent-controlled tenants. Landlord claimed that all rent-impairing violations and 80 percent of all other violations on record at the building six months before the filing date had been cleared. The DRA ruled against landlord, finding that two rent-impairing violations were still pending. Landlord appealed. Landlord had submitted a sworn statement from its architect that the violations were cleared. But the DHCR inspection of 14 rent-impairing violations on record conducted shortly after the date of the architect's statement showed that two of these violations still existed. One violation was for a broken faucet in an apartment bathroom, and the other was for roof leaks into a top-floor apartment.

Residential Management: DHCR Adm. Rev. Docket No. UE620029RO (1/12/07) [3-pg. doc.]