"C" Violations Removed Before MCI Increase Granted

The DRA granted landlord's application for MCI rent hikes based on pointing and masonry work. Tenants appealed, arguing that the DRA shouldn't have granted the application. There were two DOB immediately hazardous violations on record at the time the MCI increase was granted. Tenants also claimed there were seven HPD Class "C" violations for lead paint that the DRA gave landlord too much time to clear.

The DHCR ruled for tenants in part. The rules in effect when tenants' PAR was filed bar granting an MCI rent hike when there are current immediately hazardous violations in effect at the time the MCI application is pending. But the application may be granted upon condition that such services will be restored within a reasonable time, and certain tenant-caused violations may be excepted. The Class "C" HPD violations were corrected and removed before the MCI order was issued. As for the DOB violations, the DRA inadvertently failed to provide landlord with a chance to correct them. So, based on good cause, the case was reopened to give landlord a chance to respond and show that the violations had been cured. The effective date of the MCI increases should be changed to the date that DOB approved the correction of the violations.

60 West 76th Street: DHCR Adm. Rev. Docket No. YH430058RT (4/9/14) [8-pg. doc.]