Outstanding Housing Violation Bars MBR Increases

Landlord applied for 2000-01 MBR increases. The DRA ruled against landlord because building violation certification requirements weren't met. Landlord appealed, claiming that the rent-impairing violation in question had been corrected by the time landlord filed its MBR increase application. The DHCR ruled against landlord. The violation was based on landlord's padlocking of a gate to the rear yard of the building. A DHCR inspection showed that the gate was still padlocked after landlord filed for MBR increases. So the rent-impairing violation still existed and the rent increases were properly denied.

Nager: DHCR Admin. Rev. Dckt. No. PL220050RO (9/25/02) [3-pg. doc.]