Checks for Apartment Improvements Were Altered

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $33,000, including triple damages. Landlord appealed, claiming that the DRA improperly disallowed a rent increase for apartment improvements made before tenant moved in. The DHCR ruled against landlord. The memo portion of the checks submitted by landlord to prove the cost of improvements were altered to reflect tenant's apartment. Alteration of the checks was a serious misrepresentation and warranted the disallowance of the entire claimed improvement costs.

Moloney Enterprises: DHCR Adm. Rev. Docket No. VL410028RO (2/21/08) [2-pg. doc.]