Tenant-Caused Violations Deemed Cleared

LVT Number: 8463

The DRA denied landlord's application for 1990/91 MBR increases for rent-controlled tenants. Landlord didn't meet the violation certification requirements. A year later, the DRA revoked its prior order and granted landlord the MBR increases because landlord had corrected enough violations. One tenant appealed, claiming that there were still building violations. The DHCR ruled against tenant. Landlord had removed enough violations to qualify for MBR increases.

The DRA denied landlord's application for 1990/91 MBR increases for rent-controlled tenants. Landlord didn't meet the violation certification requirements. A year later, the DRA revoked its prior order and granted landlord the MBR increases because landlord had corrected enough violations. One tenant appealed, claiming that there were still building violations. The DHCR ruled against tenant. Landlord had removed enough violations to qualify for MBR increases. In addition to violations actually cleared, violations caused by tenants---such as illegal window gates and/or door locks---were deemed cleared by the DHCR.

715 St. Marks Avenue, Apt. 6M: DHCR Adm. Rev. Dckt. No. FK 220023-RT (10/15/93) [2-page document]

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