MCI Application Reopened Based on Questions About Hazardous Violation Clearance

Landlord applied to the DHCR for MCI rent hikes. The DRA ruled for landlord based on installation of a new boiler/burner. The building's tenant association appealed, and the case was reopened. Tenants claimed that landlord failed to remedy outstanding immediately hazardous lead-based paint violations from HPD that were pending against the building for at least two years after landlord filed its MCI application. Tenants also said that landlord failed to disclose a commercial laundry tenant at the building and to request a waiver of the useful life requirement for the boiler/burner installation. Although landlord claimed the violations had been cleared, as of the June 18, 2021, date of the DRA's decision, the violations hadn't been cleared from HPD's website. The case was sent back to the DRA for further processing and submission of additional evidence from both sides.

Greiert: DHCR Adm. Rev. Docket No. JU410032RT (12/18/24)[2-pg. doc.]