Architect Didn't Itemize Corrected Violations

LVT Number: 8307

The DRA denied landlord's application for 1990/91 MBR increases because landlord didn't meet the violation certification requirements necessary to get the rent increases. Landlord appealed, and submitted sworn statements from its licensed architect. The architect stated that his personal investigation showed that all of the ``B'' and ``C'' type violations at the building had been cleared and that 80 percent of the nonrent-impairing violations had been cleared. The DHCR ruled against landlord. The architect didn't itemize which nonrent-impairing violations were cleared in his statement.

The DRA denied landlord's application for 1990/91 MBR increases because landlord didn't meet the violation certification requirements necessary to get the rent increases. Landlord appealed, and submitted sworn statements from its licensed architect. The architect stated that his personal investigation showed that all of the ``B'' and ``C'' type violations at the building had been cleared and that 80 percent of the nonrent-impairing violations had been cleared. The DHCR ruled against landlord. The architect didn't itemize which nonrent-impairing violations were cleared in his statement. This was necessary for the statement to be considered. And the designation of violations as ``B'' and ``C'' type aren't relevant to the DHCR.

Blaser: DHCR Adm. Rev. Dckt. No. GF 620101-RO (9/24/93) [3-page document]

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