MBR Increase Denied Based on HPD Building Violations

Landlord applied for 2004-2005 Maximum Base Rent (MBR) increases. Landlord claimed that all rent-impairing violations and 80 percent of nonrent-impairing violations would be cleared within 30 days. The DRA ordered an inspection because a prior MBR application had been denied. The inspection showed that landlord had failed to correct one rent-impairing violation and 43 nonrent-impairing violations. Based on this inspection, the DRA ruled against landlord. Landlord filed a challenge to the DRA's order. The DRA ruled against landlord based on its inspector's report. Landlord appealed and lost. HPD records showed five rent-impairing violations. Landlord was required to repair all of these, but the inspection showed that one remained. Landlord also had not repaired at least 80 percent of the nonrent-impairing violations recorded by HPD.

Weinberger: DHCR Adm. Rev. Docket No. UF420005RO (11/28/06) [3-pg. doc.]