Rent-Impairing Violation on Building

August 31, 1996

LVT Number: 10861

Landlord applied for MBR increases for the 1992-93 period. The DRA ruled against landlord because a rent-impairing violation was still outstanding. Landlord appealed, claiming that the violation in question was a Class B violation, which wasn't rent-impairing. The DHCR ruled against landlord. HPD's violation classification (i.e., Class A, Class B, Class C) isn't the determining factor of whether a violation is rent-impairing. The violation in question was a defective fire exit.

Landlord applied for MBR increases for the 1992-93 period. The DRA ruled against landlord because a rent-impairing violation was still outstanding. Landlord appealed, claiming that the violation in question was a Class B violation, which wasn't rent-impairing. The DHCR ruled against landlord. HPD's violation classification (i.e., Class A, Class B, Class C) isn't the determining factor of whether a violation is rent-impairing. The violation in question was a defective fire exit. HPD had indicated that this was a rent-impairing violation by placing an asterisk next to the violation on its printout.

24-15 44th Road LIC Realty: DHCR Admin. Rev. Dckt. No. HD120096RO (8/1/96) [2-page document]

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