Installation of Sheet Rock and Wall Tiles Constituted Repairs

LVT Number: 14316

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. Tenant objected to the rent increases granted to landlord for apartment improvements. The DHCR ruled for tenant in part. The installation of sheet rock in the apartment and partial bathroom wall tiles qualified as repairs, not apartment improvements. So the DHCR disallowed any rent increase for this work. As a result, there was an overcharge. The DHCR found that the overcharge was willful and ordered landlord to pay triple damages to tenant.

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. Tenant objected to the rent increases granted to landlord for apartment improvements. The DHCR ruled for tenant in part. The installation of sheet rock in the apartment and partial bathroom wall tiles qualified as repairs, not apartment improvements. So the DHCR disallowed any rent increase for this work. As a result, there was an overcharge. The DHCR found that the overcharge was willful and ordered landlord to pay triple damages to tenant.

Ashouian: DHCR Adm. Rev. Dckt. No. MJ610117RT (3/29/00) [7-pg. doc.]

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