Hazardous Violations Corrected

LVT Number: #24203

Landlord applied for MCI rent hikes based on installations of a lobby door and fuel oil tank. The DRA ruled against landlord in January 2011 because landlord failed to prove that 29 immediately hazardous "C" violations, including lead paint violations, had been cleared on HPD's database. Landlord appealed and won. Landlord claimed that there were only four open "C" violations at the time the DRA's order was issued. All were lead paint violations, and three of those related to one apartment.

Landlord applied for MCI rent hikes based on installations of a lobby door and fuel oil tank. The DRA ruled against landlord in January 2011 because landlord failed to prove that 29 immediately hazardous "C" violations, including lead paint violations, had been cleared on HPD's database. Landlord appealed and won. Landlord claimed that there were only four open "C" violations at the time the DRA's order was issued. All were lead paint violations, and three of those related to one apartment. They remained on HPD's database only because HPD was unable to gain access from tenants to reinspect. All of these violations had been corrected, and removed from HPD's database as of June 11, 2011. The DHCR granted the MCI rent hikes, effective as of Aug. 1, 2011.

930 Ogden Avenue: DHCR Adm. Rev. Docket No. ZD630017RO (5/25/12) [6-pg. doc.]

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