Violation Certification Required

LVT Number: 9452

Landlord applied for the 1988/89 MBR increase. The DRA denied the application because landlord hadn't filed a violation certification form. Landlord appealed, arguing that it wasn't required to file the form because the building had no rent-impairing violations on Jan. 1, 1987. Landlord loses. Since landlord had filed the operation and maintenance (O&M) certification after Oct. 2, 1987, it had to file a violation certification even if there were no pending violations on Jan. 1, 1987.

Landlord applied for the 1988/89 MBR increase. The DRA denied the application because landlord hadn't filed a violation certification form. Landlord appealed, arguing that it wasn't required to file the form because the building had no rent-impairing violations on Jan. 1, 1987. Landlord loses. Since landlord had filed the operation and maintenance (O&M) certification after Oct. 2, 1987, it had to file a violation certification even if there were no pending violations on Jan. 1, 1987.

Gaertner: DHCR Adm. Rev. Dckt. No. ED 420133-RO (11/10/94) [2-page document]

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