Outstanding Rent-Impairing Violation

Landlord applied for 1990/91 MBR increases for rent-controlled tenants. The DRA ruled against landlord because landlord couldn't certify that 100 percent of rent-impairing violations had been cleared---a requirement for getting MBR increases. The DRA confirmed this ruling more than two years later. Landlord appealed, claiming that all outstanding violations had been cleared. The DHCR ruled against landlord. Landlord didn't prove that 100 percent of rent-impairing violations had been cleared. Landlord claimed that the one rent-impairing violation that remained was located in a vacant apartment that was about to be renovated and sold as a cooperative unit. But the violation was a gas leak that potentially threatened the health and safety of other tenants. So, other tenants were denied service by this violation.

Presidential Management Corp.: DHCR Adm. Rev. Dckt. No. GL 120198-RO (10/1/93) [3-page document]