Outstanding Harassment Order Precludes MBR Increase

The DRA denied landlord eligibility for 1988/89 MBR increases because the DHCR had issued a finding of harassment for the building, which was still outstanding. Landlord appealed, claiming that no tenants were being harassed. Landlord submitted a Certificate of No Harassment, which had been issued by HPD, along with a court order supporting the certificate. The DHCR ruled against landlord. The 1987 harassment finding by the DHCR was still outstanding. HPD's findings were based on different regulations and weren't relevant to the issue of the MBR increases. Only the DHCR's findings mattered.

52 West 69th Street: DHCR Adm. Rev. Dckt. No. FB 430069-RO (6/17/93) [2-page document]