MCI Application Denied Due to Pending Class "C" HPD Violations

Landlord applied for MCI rent hikes based on installation of a boiler/burner. The DRA ruled against landlord based on the fact that there were immediately hazardous Class C violations on record with HPD for the building. Landlord appealed and lost. Landlord didn't dispute that there were Class C violations on record with HPD for lead paint at the time the application was filed. Given the DHCR's long-standing policy, landlord was on notice that the MCI wouldn't be granted when tenants raised the violation in response to the application. The DHCR rejected landlord's argument that the DRA should have allowed additional time for landlord to submit required proof that the C violations were no longer a bar. The DHCR first notified landlord on Oct. 5, 2010, that the C violations had to be corrected and then granted landlord numerous extensions of time over a period of more than two years to show that the violations had been corrected or removed. Landlord failed to do so.

900 Riverside Drive LLC: DHCR Adm. Rev. Docket No. BM430018RO (12/29/17) [2-pg. doc.]