No MCI Increase Granted Where "C" Violation Not Cleared

The DHCR's DRA denied landlord's application for MCI rent hikes based on installation of a burner. Landlord appealed and lost. Rent Stabilization Code Section 2522.4(a)(13), as amended in 2014 and in effect when the DRA's order was issued, states that the DHCR will not grant an MCI application if it is determined that, as of the date of the application, there was a current immediately hazardous "C" violation recorded in HPD records for the building. And landlord failed to answer the DRA's Request for Additional Information (RFAI) seeking additional information after landlord claimed that the violation had been corrected.

1320 St. Nicholas Ave Owner LLC: DHCR Adm. Rev. Docket No. GO430003RO (9/2/21)[3-pg. document]