Contractor Later Became Super

Tenant complained of a rent overcharge. Landlord admitted some overcharge and reduced tenant's rent. The DRA ruled for tenant. Tenant appealed, claiming that landlord didn't prove the cost of the 1/40th apartment improvements for which the DRA granted a rent increase. Among other things, tenant claimed that the contractor who performed the work was the building super, so no increase should be granted for the contractor's labor costs. The DHCR ruled against tenant. Landlord proved that at the time the work was done, the contractor was independent and didn't otherwise work for landlord. It was only later that the contractor became landlord's building super.

Claire: DHCR Admin. Rev. Dckt. No. OG410095RT (12/28/01) [3-pg. doc.]