Insufficient Proof of Improvement Costs

LVT Number: 11313

Tenant filed a fair market rent appeal. Landlord submitted comparability data and proof of improvements made to the apartment before tenant moved in. The DRA ruled for tenant and reduced his rent. Landlord appealed and claimed that the DRA unfairly disallowed a rent increase for improvements. The DHCR ruled against landlord. DHCR Policy Statement 90-10 requires that claimed individual apartment improvement costs must be supported by certain documentation.

Tenant filed a fair market rent appeal. Landlord submitted comparability data and proof of improvements made to the apartment before tenant moved in. The DRA ruled for tenant and reduced his rent. Landlord appealed and claimed that the DRA unfairly disallowed a rent increase for improvements. The DHCR ruled against landlord. DHCR Policy Statement 90-10 requires that claimed individual apartment improvement costs must be supported by certain documentation. Since landlord's canceled check in the amount of $300 was paid to an individual, rather than to a company or business name, landlord should have also submitted a ``paid'' bill from the contractor, as asked for by the DRA. Landlord's proof was insufficient.

Kizner: DHCR Adm. Rev. Dckt. No. II410046RO (11/4/96) [7-page document]

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