Increase Allowed for Undisputed Items

LVT Number: 11525

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that the DRA didn't consider proof submitted of $17,000 paid for apartment improvements before tenant moved in. The DHCR ruled for landlord in part. Landlord never submitted an invoice detailing the work done, but it did submit a cost-itemized list of the improvements, which was sent to tenant. Tenant admitted that the apartment had been renovated and raised questions only about certain items, such as windows, electrical wiring, and floors.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that the DRA didn't consider proof submitted of $17,000 paid for apartment improvements before tenant moved in. The DHCR ruled for landlord in part. Landlord never submitted an invoice detailing the work done, but it did submit a cost-itemized list of the improvements, which was sent to tenant. Tenant admitted that the apartment had been renovated and raised questions only about certain items, such as windows, electrical wiring, and floors. Landlord's canceled checks also were consistent with the timing of the work claimed, although most of them didn't specify which apartment or the kind of work done. So the DHCR allowed rent increases for that portion of the work not disputed by tenant, totaling $11,500.

MB Mgmt.: DHCR Adm. Rev. Dckt. No. DL410031RO (1/17/97) [5-page document]

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