Too Many Violations for MBR Increase

LVT Number: #23376

Landlord appealed the DRA's denial of MBR rent increases for 2010-2011. The DHCR ruled against landlord, since it had failed to meet the violation removal criteria. While some violations were waived based on the failure of tenants to give access, there were six non-rent-impairing violations, which was 54 percent of the violations on record. This was less than the 80 percent of non-rent-impairing violations required to be cleared for approval of MBR increases.

Landlord appealed the DRA's denial of MBR rent increases for 2010-2011. The DHCR ruled against landlord, since it had failed to meet the violation removal criteria. While some violations were waived based on the failure of tenants to give access, there were six non-rent-impairing violations, which was 54 percent of the violations on record. This was less than the 80 percent of non-rent-impairing violations required to be cleared for approval of MBR increases.

Pinnacle Group: DHCR Adm. Rev. Docket No. YF420049RO (3/10/11) [3-pg. doc.]

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