Descriptions of Work Were Sufficient

LVT Number: 18775

Tenant complained of a rent overcharge. The DRA ruled for tenant and found there was a willful rent overcharge. The DRA ordered landlord to refund $27,000, including triple damages. In calculating the legal rent, the DRA disallowed landlord's claimed costs of individual apartment improvements. Landlord appealed, arguing that it had submitted a sufficient breakdown of costs of its improvements. The DHCR ruled for landlord. There was an obvious typographical error in the contractor's original work description that misstated the building's address. This wasn't fatally defective.

Tenant complained of a rent overcharge. The DRA ruled for tenant and found there was a willful rent overcharge. The DRA ordered landlord to refund $27,000, including triple damages. In calculating the legal rent, the DRA disallowed landlord's claimed costs of individual apartment improvements. Landlord appealed, arguing that it had submitted a sufficient breakdown of costs of its improvements. The DHCR ruled for landlord. There was an obvious typographical error in the contractor's original work description that misstated the building's address. This wasn't fatally defective. And the contractor's descriptions of the work performed in the bathroom and kitchen were sufficiently detailed. Together with landlord's attorney's letter, it provided an adequate breakdown of costs. There was no willful overcharge, and the total overcharge was reduced to $2,700.

Vranoc Realty Corp.: DHCR Adm. Rev. Dckt. No. TJ410029RO (2/23/05) [5-pg. doc.]

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