Super's Affidavit Didn't Prove Removal of Enough Violations
LVT Number: 8306
The DRA denied landlord's application for 1990/91 MBR increases because landlord didn't meet the violation certification requirements necessary to get the rent increases. Landlord appealed and submitted a sworn statement from the superintendent. The super stated that he personally supervised the removal of all of the rent-impairing violations at the building and at least 80 percent of the nonrent-impairing violations. The DHCR ruled against landlord. A superintendent's affidavit can only be used as proof of removal of specific types of violations such as apartment access; routine replacement of items such as doorknobs, locks, tiles, and broken glass; routine repairs; apartment painting; and removal of debris and encumbrances. Landlord's super made sworn statements concerning violations such as vermin infestation, about which, under DHCR policy, he wasn't qualified to make statements. Also, the super's statement was made in August 1992---too late to effect the 1990/91 MBR cycle.
Weinreb Management: DHCR Adm. Rev. Dckt. No. GL 620182-RO (9/23/93) [3-page document]