MBR Increase Denied for Outstanding Building Violations

Landlord applied for MBR increases for 2006-07 cycle. The DRA ruled against landlord because landlord didn't certify that the required number of violations listed by HPD had been corrected. Landlord challenged the MBR order, claiming that all rent-impairing violations and most nonrent-impairing violations had been corrected. The DRA ruled against landlord. Landlord appealed and lost. Landlord claimed that it had submitted an architect's affidavit certifying the correction of violations. But the affidavit submitted was from landlord's building super. The super stated that he had lived in Apartment A6 of the building since 1996. But DHCR rent registration records showed that a tenant lived in that apartment. Since the basic information stated by the super was unreliable, the DRA properly rejected the statement made on the landlord's behalf that violations had been corrected.

Twin Properties, LLC: DHCR Adm. Rev. Docket No.VA220015RO (4/6/07) [2-pg. doc.]