Landlord Submitted Valid Violation Certification

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord applied for MBR increases for rent-controlled tenants for the 1992–93 period. In January 1992 the DRA ruled for landlord. Tenants challenged the increases, claiming that landlord hadn't removed all of the rent-impairing violations and 80 percent of all other violations on the building's record as of Jan. 1, 1991. HPD records showed two rent-impairing violations, and 11 other violations, as of Jan. 1, 1991. A DHCR inspection in December 1992 showed that the rent-impairing violations and most of the other violations had been removed. The DRA ruled against tenants, and they appealed. The DHCR ruled against tenants. While tenants correctly stated that rent-impairing violations were still on record with HPD six months prior to and on the effective date of the 1992-93 MBR order of eligibility, landlord still certified by June 30, 1991, that it had cleared, corrected, or abated all of the rent-impairing violations and 80 percent of all other violations. No other HPD or DHCR inspection was conducted between June 1991 and December 1992, which contradicted landlord's certification.

60 Gramercy Park North: DHCR Admin. Rev. Dckt. No. HB420001RT (8/28/96) [6-page document]