Landlord Certified Correction of Violations on Time

LVT Number: 12984

Landlord applied for MBR rent increases. The DRA ruled against landlord because landlord didn't certify that the building was sufficiently violation free by the June 30, 1993 deadline. Landlord appealed, claiming the DRA's finding was simply wrong. The DHCR ruled for landlord. The DHCR's records showed that landlord's envelope containing the violation certification was postmarked June 30, 1993. This was six months prior to Jan. 1, 1994. So landlord's filing was on time and landlord was eligible for MBR increases on Jan. 1, 1994.

Landlord applied for MBR rent increases. The DRA ruled against landlord because landlord didn't certify that the building was sufficiently violation free by the June 30, 1993 deadline. Landlord appealed, claiming the DRA's finding was simply wrong. The DHCR ruled for landlord. The DHCR's records showed that landlord's envelope containing the violation certification was postmarked June 30, 1993. This was six months prior to Jan. 1, 1994. So landlord's filing was on time and landlord was eligible for MBR increases on Jan. 1, 1994.

Dak Equities Corp.: DHCR Adm. Rev. Dckt. No. JI420215RO (12/2/98) [2-pg. doc.]

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