Landlord Corrected Outstanding Violations

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett, N.Y., law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Landlord applied for MCI rent hikes based on the installation of new windows, a roof, and a water tank. The DRA ruled for landlord, and tenants appealed. The DHCR ruled for tenants and revoked the MCI increases because at the time the order was issued there were immediately hazardous conditions on record by HPD against the building. Landlord appealed, claiming that it wasn't given notice of the violations claim or the chance to show that the violations were corrected. The court ruled for landlord and sent the case back for further consideration. Landlord submitted sworn statements from an architect and copies of HPD records, showing that all the violations were removed except for a few for which tenants wouldn't give access. The MCI increases were restored, effective as of the first rent payment date after an HPD consent order was issued documenting that the violations in question were cleared.

Svoboda: DHCR Admin. Rev. Dckt. No. OJ430015RP (5/17/02) [6-pg. doc.]