HPD Inspection After Certification Date Disregarded

Landlord applied to the DHCR for a 1986-87 MBR increase. The DRA denied landlord's application because there were six outstanding housing violations against the building. Landlord appealed, and the DHCR upheld the DRA's ruling. An April 1986 HPD inspection found that landlord didn't correct enough violations. Landlord appealed again, arguing that it had filed the violation certification form in January 1985---more than a year before the HPD inspection. The court sent the case back to the DHCR, and directed the agency to disregard any inspections made after the certification date. The DHCR then ruled for landlord. Since landlord had corrected enough violations as of the certification date, it can collect the MBR increase.

Skillman Queens Realty Company: DHCR Adm. Rev. Dckt. No. IF 120018-RP (7/20/94) [4-page document]