Landlord Cured Sufficient HPD Violations

LVT Number: #24058

Landlord applied for MBR rent hikes for the 2008-2009 filing period. The DRA ruled for landlord. Tenants appealed and lost. The last prior MBR increase granted was for the 2004-2005 biennial period. So, to qualify for the 2008-2009 increases, landlord was required to cure all rent-impairing violations and 80 percent of all other violations on record with HPD between Jan. 2, 2003, and Jan. 1, 2007. Landlord showed that it had cured four of the five nonrent-impairing violations on record.

Landlord applied for MBR rent hikes for the 2008-2009 filing period. The DRA ruled for landlord. Tenants appealed and lost. The last prior MBR increase granted was for the 2004-2005 biennial period. So, to qualify for the 2008-2009 increases, landlord was required to cure all rent-impairing violations and 80 percent of all other violations on record with HPD between Jan. 2, 2003, and Jan. 1, 2007. Landlord showed that it had cured four of the five nonrent-impairing violations on record. Therefore, landlord was entitled to collect MBR increases from the building's rent-controlled tenants effective Jan. 1, 2008.

Petitt: DHCR Adm. Rev. Docket No. YA420007RP (3/14/12) [3-pg. doc.]

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