DHCR Inspection Showed Too Many Violations for MBR Hike

Landlord applied for 2006-07 Maximum Base Rent increases for rent-controlled tenants. The DRA ruled against landlord, finding that landlord hadn't corrected all rent-impairing violations or 80 percent of nonrent-impairing violations appearing on a report issued by HPD in December 2006. Landlord appealed, claiming that it had corrected the required number of violations to qualify for the rent hikes. The DHCR ruled against landlord. Landlord hadn't filed for MBR increases in many years. So the DHCR considered HPD violations recorded from 1986 through 2005. HPD records showed 13 rent-impairing violations and 160 nonrent-impairing violations. The DHCR inspected the building and found that a rent-impairing violation still existed in February 2007. Landlord now claimed that this violation was caused by a commercial tenant. This didn't matter. Landlord should have requested a violation waiver and submitted proof of its claim while the case was before the DRA.

Bluestar Properties, Inc.: DHCR Adm. Rev. Docket No. VF420037RO (10/18/07) [3-pg. doc.]