Hazardous Staircase Condition

Landlord applied for MCI rent hikes based on the installation of a new boiler. The DRA ruled against landlord because of an immediately hazardous condition in the building. Landlord appealed and lost. While landlord's MCI application was pending, tenant informed the DRA that there was a defective staircase in the building. An inspection confirmed this, and the DRA notified landlord of the immediately hazardous condition. The condition still existed after two inspections. Under the Rent Stabilization Code, no MCI increase can be granted if there are immediately hazardous conditions in the building. And in accordance with DHCR Policy Statement 90-8, the DRA notified landlord of the condition, which landlord didn't correct.

Brusco: DHCR Adm. Rev. Dckt. No. HI410030RO (11/12/99) [3-pg. doc.]