Later Violations Don't Bar Increase for Elevator Upgrade

LVT Number: #20960

Landlord applied for MCI rent hikes based on an elevator upgrade. The DRA ruled for landlord. Tenants appealed, claiming that the work wasn't done properly and pointing to elevator violations that were issued by DOB. The DHCR ruled against tenants. The elevator violations were issued after the work was completed, and DOB can impose penalties. But landlord received and submitted to the DHCR the required governmental approval for the elevator installation. This showed that the elevator improvement was properly performed. The DRA properly granted the MCI rent hikes.

Landlord applied for MCI rent hikes based on an elevator upgrade. The DRA ruled for landlord. Tenants appealed, claiming that the work wasn't done properly and pointing to elevator violations that were issued by DOB. The DHCR ruled against tenants. The elevator violations were issued after the work was completed, and DOB can impose penalties. But landlord received and submitted to the DHCR the required governmental approval for the elevator installation. This showed that the elevator improvement was properly performed. The DRA properly granted the MCI rent hikes.

36 Gramercy Park East: DHCR Adm. Rev. Docket No. VF430068RT (9/3/08) [3-pg. doc.]

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