Landlord Cleared Enough Violations for MBR Increase

The DRA denied landlord any maximum base rent (MBR) increase for 1990/91 because landlord didn't meet the violation certification requirements. Landlord appealed. HPD's Jan. 1, 1989, list of pending violations showed six rent-impairing and eight non-rent-impairing violations against landlord's building. Landlord was required to clear all the rent-impairing ones and seven of the non-rent-impairing violations. But landlord submitted an HPD inspection report and other proof of clearance of sufficient violations later in 1989. Therefore landlord was entitled to the MBR increases. The DHCR ruled for landlord and sent the case back to the DRA for calculation of the actual increases.

Scharfman Organization: DCHR Adm. Rev. Dckt. No. JB 420004 RP (6/20/95) [3-page document]