Tenant Denied Access for Clearance of Violation

LVT Number: 8911

Landlord applied for an MBR hike, claiming he'd cleared up all the violations he could, and that tenant had denied access, preventing him from clearing up the rest. The DRA denied landlord's application because there were still too many outstanding violations. Landlord appealed, and the DHCR ruled that landlord could get the MBR increase. Landlord had corrected enough violations. When a tenant unreasonably refuses access to an apartment, the violation is considered cleared.

Landlord applied for an MBR hike, claiming he'd cleared up all the violations he could, and that tenant had denied access, preventing him from clearing up the rest. The DRA denied landlord's application because there were still too many outstanding violations. Landlord appealed, and the DHCR ruled that landlord could get the MBR increase. Landlord had corrected enough violations. When a tenant unreasonably refuses access to an apartment, the violation is considered cleared.

Devito: DHCR Adm. Rev. Dckt. No. EK 430331-RO (5/10/94) [2-page document]

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