Work Done to Correct Defects and Repair Violation

(Decision submitted by Beth Cohen of the Manhattan law firm of Rosenberg & Estis, PC, attorneys for the landlord.) Landlord applied for MCI rent hikes based on a number of improvements. The DRA ruled for landlord. Tenants appealed, claiming that there were outstanding building code violations that barred collection of the MCI increases. The DHCR ruled against tenants. There were no DHCR rent reduction orders outstanding based on reduced services at the time the DHCR granted the MCI rent increases. And there was no record of immediately hazardous conditions as of that date. The fact that certain work may have been done to correct defective conditions and/or remedy building violations didn't bar landlord's entitlement to an MCI increase.

Various Tenants of 137 E. 38th St.: DHCR Admin. Rev. Dckt. No. QC430103RT (8/14/02) [4-pg. doc.]