Too Many Violations Prevent MBR Increase

Landlord applied for 2006-07 MBR increases for rent-controlled tenants. The DRA denied landlord's application for increases, finding too many building violations were on record. The DRA also denied landlord's challenge to the order. Landlord appealed and lost. The DHCR had last granted landlord MBR rent increases in 1987. To qualify for 2006-07 MBR increases, landlord had to correct all rent-impairing violations and at least 80 percent of nonrent-impairing violations. HPD records as of October 2006 showed that for the period between 1988 and 2006 there still three rent-impairing, and 42 nonrent-impairing violations on record. Landlord failed to show the DRA that it had corrected all of the rent-impairing violations and at least 34 of the nonrent-impairing violations. Tenants disputed the claims made in landlord's architect's statement about the number of violations remaining. And the same day that the architect said that some violations were cured, landlord sent tenants letters demanding that they remove the same violations. So the DRA properly disallowed the MBR increases.

J & M Realty: DHCR Adm. Rev. Docket No. VI420041RO (2/15/08) [3-pg. doc.]