Too Many Violations Bar MBR Increases

Landlord applied for 2012-2013 MBR rent increases for rent-controlled tenants in his building. The DRA ruled against landlord, who appealed and lost. To qualify for MBR increases, landlord had to show that all rent-impairing violations and 80 percent of all other violations that were on record with HPD six months before the filing date of landlord's violation certification had been cured, with an earliest effective date of six months after filing the violation certification. Landlord had last obtained MBR rent increases for the 1986-1987 period, effective Jan. 1, 1986. Landlord filed a violation certification on June 30, 2011. At that time, the building had four rent-impairing violations and five other violations. A sworn statement from an engineer that all violations had been cured, which landlord submitted to the DRA, didn't indicate the dates that the violations had been cured.

Robertson: DHCR Adm. Rev. Docket No. AU420014RO (10/2/2012) [4-pg. doc.]