Landlord Cleared over 200 Violations to Get MBR Increases

LVT Number: 19510

Landlord applied for 2004--2005 MBR increases for rent-controlled tenants. The DRA ruled for landlord. Tenant objected, claiming that there were many outstanding violations against the building. The DRA ruled against tenant. Tenant appealed. The DHCR ruled against tenant. Landlord showed that it had cleared or removed all 14 rent-impairing violations and 200 nonrent-impairing violations on record for the review period between Jan. 1, 2001 and Jan. 1, 2003.

Landlord applied for 2004--2005 MBR increases for rent-controlled tenants. The DRA ruled for landlord. Tenant objected, claiming that there were many outstanding violations against the building. The DRA ruled against tenant. Tenant appealed. The DHCR ruled against tenant. Landlord showed that it had cleared or removed all 14 rent-impairing violations and 200 nonrent-impairing violations on record for the review period between Jan. 1, 2001 and Jan. 1, 2003. A sworn statement from landlord's architect said that landlord had cleared 80 percent of the nonrent-impairing violations at the building.

Hauser: DHCR Adm. Rev. Docket No. UF420014RT (1/30/07) [3-pg. doc.]

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