Landlord Proved Repair of Violations

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) The DRA denied landlord's application for 1986/87 MBR increases for rent-controlled tenants. The DRA found that landlord didn't meet the violation certification requirements needed to get MBR increases. Landlord appealed, claiming that it had repaired enough violations as of one year before the effective date of the DRA's order. The DHCR ruled for landlord and granted the MBR increases. Landlord showed that 100 percent of the rent-impairing violations and 80 percent of the non-rent-impairing violations were repaired as of one year before the effective date of the DRA's order.

Rose Associates: DHCR Adm. Rev. Dckt. Nos. BK 430262-RO, BK 430375-RO (11/5/93) [2-page document]