Hazardous Violations in One Apartment

LVT Number: 16313

The DRA revoked landlord's MCI rent hike for a new boiler after inspections showed that the hot water temperature was very high and, later, that the heating system had broken down and that a mobile heating unit was supplying heat and hot water to the building. Landlord also never explained whether certain immediately hazardous HPD violations had been corrected. Landlord appealed, claiming that the boiler was working properly and that any hazardous violations were in only one tenant's apartment. The DHCR ruled against landlord.

The DRA revoked landlord's MCI rent hike for a new boiler after inspections showed that the hot water temperature was very high and, later, that the heating system had broken down and that a mobile heating unit was supplying heat and hot water to the building. Landlord also never explained whether certain immediately hazardous HPD violations had been corrected. Landlord appealed, claiming that the boiler was working properly and that any hazardous violations were in only one tenant's apartment. The DHCR ruled against landlord. DHCR inspections showed that the boiler wasn't working properly. And the Rent Stabilization Code states that no MCI hikes could be granted if there are immediately hazardous conditions at the building. Landlord didn't correct the hazardous violations in the one tenant's apartment for almost a year.

CJD Assocs.: DHCR Admin. Rev. Dckt. No. OI430002RO (11/13/02) [4-pg. doc.]

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