Rent-Impairing Violation Not Cured During 2004-05 MBR Cycle

Landlord applied for MBR increases for the 2004-05 period. The DRA asked landlord to show that certain violations had been cleared and the dates when the work was performed. In response, landlord stated that 12 violations on record with HPD were cured as of Feb. 21, 2006. The DRA ruled for landlord and found him eligible for the 2004-05 MBR increases. Tenant appealed, pointing out that there was no proof that violations were cured as of June 30, 2003. The DHCR ruled for tenant and revoked the MBR increase. One rent-impairing violation was listed in HPD's records as of March 7, 2006, the date of landlord's sworn statement concerning violations. Landlord didn't show when the violation was actually cured. There also was no proof that 80 percent of the non-rent-impairing violations on record had been cured in a timely manner.

Romanoff: DHCR Adm. Rev. Docket No. UH420025RT (4/27/07) [4-pg. doc.]