No HPD Violations in Effect to Deny Maximum Base Rent Increase

LVT Number: #27988

Landlord applied for an MBR increase for 2016-2017 to rent-controlled tenant's rent. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that there were pending HPD violations that prevented the addition of an MBR rent increase for the current years. But the MBR increase in question was effective on Jan. 1, 2016. HPD violations pending as of September 2016 didn't matter. Landlord was entitled to the MBR increase since there were no violations in effect for the period between July 31, 2013, and Jan. 1, 2015.

Landlord applied for an MBR increase for 2016-2017 to rent-controlled tenant's rent. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that there were pending HPD violations that prevented the addition of an MBR rent increase for the current years. But the MBR increase in question was effective on Jan. 1, 2016. HPD violations pending as of September 2016 didn't matter. Landlord was entitled to the MBR increase since there were no violations in effect for the period between July 31, 2013, and Jan. 1, 2015.

Gosen: DHCR Adm. Rev. Docket No. FN420052RT (8/23/17) [3-pg. doc.]

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