Demolition and Trash Removal Costs Included

LVT Number: 15729

Tenant complained of a rent overcharge. Landlord showed that substantial renovations had been made to the apartment before tenant moved in, warranting an individual apartment improvement rent increase. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed. Tenant objected to various items for which the DRA granted a 1/40th rent increase. Among other things, tenant claimed that no increase should have been given for demolition and trash removal costs. The DHCR ruled against tenant.

Tenant complained of a rent overcharge. Landlord showed that substantial renovations had been made to the apartment before tenant moved in, warranting an individual apartment improvement rent increase. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed. Tenant objected to various items for which the DRA granted a 1/40th rent increase. Among other things, tenant claimed that no increase should have been given for demolition and trash removal costs. The DHCR ruled against tenant. Demolition and trash removal costs, both before and after the renovation project, qualify as apartment improvement costs, since they were done as part of the extensive renovation.

Chaverri: DHCR Admin. Rev. Dckt. No. PD410081RT (2/8/02) [3-pg. doc.]

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