Final Payment Made One Year After Work Completed

LVT Number: 7030

Tenant complained of a rent a overcharge. Tenant's monthly rent was $2,300; the prior tenant's rent was $300. The DRA found an overcharge and directed a refund of $47,000. Landlord appealed, claiming that the DRA didn't consider landlord's proof of improvements to the apartment. The DHCR found that landlord could collect a 1/40th increase based on the cost of the improvements. Tenant claimed that landlord didn't have sufficient proof of payment for improvements. But the DHCR accepted proof of payment made nearly a year after the work was completed.

Tenant complained of a rent a overcharge. Tenant's monthly rent was $2,300; the prior tenant's rent was $300. The DRA found an overcharge and directed a refund of $47,000. Landlord appealed, claiming that the DRA didn't consider landlord's proof of improvements to the apartment. The DHCR found that landlord could collect a 1/40th increase based on the cost of the improvements. Tenant claimed that landlord didn't have sufficient proof of payment for improvements. But the DHCR accepted proof of payment made nearly a year after the work was completed. This wasn't too unusual, and a significant amount of improvements were actually made to the apartment. There was still some overcharge, but it was substantially reduced.

952 Fifth Avenue, Apt. 7A: DHCR Adm. Rev. Dckt. Nos. DK 410054-RT, DK 410269-RO (3/25/93) [7-page document]

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