Landlord Didn't Clear Hazardous Violation in Time to Get MBR Rent Increases

Landlord applied for 2020-21 Maximum Base Rent (MBR) increases for rent-controlled apartments in its building. The DRA denied landlord's application on July 30, 2020, finding that landlord failed to meet applicable Violation Certification (VC) criteria. In August 2019, HPD had conducted a physical inspection of a defective gas line and found that this hazardous condition still existed. This was contrary to landlord's certification that this rent-impairing violation would be removed within 30 days of its June 28, 2019, VC filing. Landlord filed a timely challenge to the MBR order, along with a waiver request, which were denied by the DRA.

Landlord then appealed and lost. The fact that the violation was cleared by June 10, 2020, didn't matter since that date was outside the period of review by the DRA and outside the required time period for clearing violations in order to obtain the 2020-21 MBR increases. And landlord's waiver request wasn't supported by the documentation required in the DHCR's Instructions for the 2020-21 MBR Program. The fact that landlord was waiting for completion of the work to replace gas lines while the DRA's review period was pending didn't warrant a waiver. 

Hildes 95th, LLC: DHCR Adm. Rev. Docket No. IX420036RO (7/8/21)[3-pg. document]