Insufficient Number of Violations Cleared

Landlord filed a violation certification in 2009, seeking a 2010-2011 MBR increase for tenant's apartment. The DRA ruled against landlord, finding that there were too many outstanding violations to qualify for the MBR increase. Landlord appealed and lost. Landlord had submitted a sworn statement from a licensed architect who said that all rent-impairing violations had been cleared. But landlord also had to show that 30 out of 37 non-rent-impairing violations for the period from January 2005 through January 2009 also had been cleared. The architect stated only that 17 non-rent-impairing violations had been cleared, and 10 of those fell outside the period in question.

Residential Management, Inc.: DHCR Adm. Rev. Docket No. YI220084RO (4/14/11) [3-pg. doc.]