No Proof Landlord Cleared Lead Paint "C" Violation

Landlord applied for MCI rent hikes based on burner replacement. The DRA ruled against landlord, who appealed and lost. On the date that the MCI application was filed in August 2015, one immediately hazardous "C" violation concerning lead paint in the building's basement was pending. In accordance with DHCR policy then in effect, the DRA began processing the MCI application after receiving a sworn statement from landlord in December 2015 indicating that lead paint abatement was underway. Over the next two years, the DRA periodically notified landlord that no MCI increase would be granted unless the violation was cleared, and sent a final notification with a 60-day deadline in September 2017. Landlord requested a 30-day extension on Nov. 21, 2017, but submitted no further information over the next 140 days. The DRA therefore correctly denied landlord's MCI application. 

315 68th LLC: DHCR Adm. Rev. Docket No. GQ210026RO (9/2/20) [2-pg. doc.]