No Hazardous Violations in Building

Landlord applied for MCI rent increases based on the installation of a new intercom, apartment windows, and a new roof. The DHCR ruled for landlord. Tenant appealed, claiming that there were hazardous conditions in the building that barred the MCI rent increases. The court sent the case back to the DHCR for reconsideration. The DHCR ruled against tenant. Landlord had submitted a DOB certificate of correction approval letter showing that elevator conditions had been repaired by November 1993. This was before the effective date of the MCI rent increases and after the DHCR had restored rents in the building based on a prior finding of reduced services. Since there were no immediately hazardous conditions or violations in the building, landlord was entitled to the MCI rent increases previously granted.

1144 Pelham Pkwy. S.: DHCR Adm. Rev. Dckt. No. NL610012RP (2/17/00) [3-pg. doc.]