Tenant's "C" Violation Claim Raised for First Time in PAR

Landlord applied for MCI rent hikes based on installation of adequate wiring and a new roof. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that there were several HPD Class "B" violations and one Class "C" violations against the building at the time the MCI increases were granted. But tenant didn’t raise the issue of the violations while landlord’s MCI application was pending before the DRA. So the DHCR couldn’t consider this issue for the first time on appeal. And DHCR policy at the time that the order was issued was to investigate HPD “C” violations only when this issue was raised by a tenant before the Rent Administrator.

Segin: DHCR Adm. Rev. Docket No. ZH130068RT (4/6/16) [2-pg. doc.]