Increase Based on Tenant's Cost Estimate

LVT Number: 18776

Tenant complained of a rent overcharge. Landlord claimed that it had made individual apartment improvements costing $60,000 before tenant moved in. The DRA ruled for tenant and disallowed landlord's claimed improvements. Landlord appealed. The DHCR ruled for landlord in part. The DRA correctly disallowed the cost of custom cabinets because an inspection showed that only stock cabinets were installed. And landlord hadn't submitted an itemized cost breakdown for claimed electrical and plumbing work, so this was properly disallowed.

Tenant complained of a rent overcharge. Landlord claimed that it had made individual apartment improvements costing $60,000 before tenant moved in. The DRA ruled for tenant and disallowed landlord's claimed improvements. Landlord appealed. The DHCR ruled for landlord in part. The DRA correctly disallowed the cost of custom cabinets because an inspection showed that only stock cabinets were installed. And landlord hadn't submitted an itemized cost breakdown for claimed electrical and plumbing work, so this was properly disallowed. But landlord had installed some cabinets, and tenant submitted an estimate of their cost from the Home Depot store. Landlord was entitled to a 1/40th increase for this item.

Pistilli Realty Group LLC: DHCR Adm. Rev. Dckt. No. TI110048RO (1/17/06) [4-pg. doc.]

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