Insufficient Proof of Individual Apartment Improvements

Rent-stabilized tenant complained of a rent overcharge. Landlord claimed that it made individual apartment improvements costing over $14,000 before tenant moved in. The DRA ruled for tenant and ordered a refund of $21,000. Landlord appealed and lost. Landlord's proof of 1/40th improvements was insufficient. The bills and receipts submitted by landlord for the work done were from different suppliers and none of them were specifically earmarked for the apartment. In addition, of the six corporate checks submitted by landlord supposedly representing labor costs totaling $6,657, only two of the checks made reference to tenant's apartment in the memo portion. The checks weren't specific enough to prove payment for work done in the apartment.

Avemm Corporation: DHCR Adm. Rev. Docket No. XI210053RO (12/7/09) [3-pg. doc.]