Housing Violations Don't Bar Increase

LVT Number: 10406

(Decision submitted by Karen Schwartz-Sidrane of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied for MCI rent increases based on a new roof, new parapet walls, new bulkhead doors, masonry work, pointing, waterproofing, and lintels. The DRA ruled for landlord, and tenants appealed. Among other things, tenants claimed there were building violations on record and that this should prevent landlord from collecting rent increases. The DHCR ruled against tenants. There were only four HPD violations on record as of 1994.

(Decision submitted by Karen Schwartz-Sidrane of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied for MCI rent increases based on a new roof, new parapet walls, new bulkhead doors, masonry work, pointing, waterproofing, and lintels. The DRA ruled for landlord, and tenants appealed. Among other things, tenants claimed there were building violations on record and that this should prevent landlord from collecting rent increases. The DHCR ruled against tenants. There were only four HPD violations on record as of 1994. None of them were for an immediately hazardous condition. Also, there were no DHCR rent-reduction orders against the building based on landlord's failure to maintain services.

Various Tenants of 35 E. 84th St./ Gordon/ Schlang: DHCR Adm. Rev. Dckt. Nos. IG430122RT, IG430067RT, IH430095RT (1/5/96) [4-page document]

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