Immediately Hazardous Violations on Record

LVT Number: 11583

Landlord applied for MCI rent hikes based on the installation of a new boiler, doors, and intercom. The DRA ruled for landlord, and tenants appealed, claiming that there were many building violations and that the boiler supplied inadequate heat and hot water. The DHCR ruled for tenants and revoked the rent increases. DHCR Policy Statement 90-8 and Rent Stabilization Code section 2522.4(a)(13) provided that no rent increase could be granted if there were current immediately hazardous violations relating to maintenance of required services.

Landlord applied for MCI rent hikes based on the installation of a new boiler, doors, and intercom. The DRA ruled for landlord, and tenants appealed, claiming that there were many building violations and that the boiler supplied inadequate heat and hot water. The DHCR ruled for tenants and revoked the rent increases. DHCR Policy Statement 90-8 and Rent Stabilization Code section 2522.4(a)(13) provided that no rent increase could be granted if there were current immediately hazardous violations relating to maintenance of required services. There were 295 violations pending before the New York City Office of Code Enforcement for landlord's building. When landlord filed its application, there were 43 immediately hazardous violations. Another five immediately hazardous violations were placed before the MCI increases were granted. Since the order was issued, another 19 were issued for a total of 67 immediately hazardous violations.

Toro and Pina: DHCR Adm. Rev. Dckt. Nos. GH610081RT, GI610093RT (2/25/97) [3-page document]

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