Remediation of "C" Violations Permitted Approval of MCI Application

Landlord applied for MCI rent hikes based on an elevator upgrade. Among other things, tenants claimed that there were "C" violations on file with HPD that hadn't been corrected and therefore should bar any MCI increase. The DRA ruled for landlord.

Tenants appealed and lost. At the time landlord filed its MCI application, DHCR policy was that if, on the application filing date, there were current immediately hazardous class "C" violations against the building, the MCI application wouldn't be granted. Landlord was permitted to show that any such violations had been corrected. Landlord submitted with its MCI application an architect's affidavit stating that the lead-based paint Class C violations had been remedied. Landlord also later confirmed that the violations had been removed from HPD's database. So the violations were no bar to granting landlord's MCI application. 

Flatbush Tenant Coalition: DHCR Adm. Rev. Docket No. HQ210024RT (4/8/22)[3-pg. document]