Tenant Claims Landlord Improperly Certified Maintenance of Services

Landlord applied for MBR rent increases. The DRA ruled for landlord and issued an Order of Eligibility for Maximum Base Rent/Maximum Collectable Rent Increases for 1990/1991, effective Jan. 1, 1990. Rent-controlled tenant appealed, claiming that landlord had improperly certified that he was maintaining essential services. The DHCR ruled against tenant. HPD's records confirmed that landlord had corrected all rent-impairing violations as of Jan. 1, 1989. In addition, New York City Division of Code Enforcement records indicated that an inspector was unable to gain access to tenant's apartment after several attempts to conduct an inspection in response to tenant's complaints. And the DHCR had dismissed two service complaints filed by tenant since there was no finding that landlord wasn't maintaining services.

Elhifnawi: DHCR Adm. Rev. Dckt. No. MA420001RP (3/13/98) [3-page document]