Insufficient Proof of Individual Apartment Improvements

Rent-stabilized tenant complained of rent overcharge. Landlord claimed it performed individual apartment improvements before tenant moved into the apartment and therefore was entitled to add a "1/40th" rent increase when tenant moved in. Tenant claimed that landlord didn't do any of the work claimed. The DRA ruled for landlord and found that landlord was allowed to increase the legal rent by $54 per month based on the improvements. There was just a small overcharge totalling $170. Tenant appealed and won. Tenant submitted photographs for the first time with his PAR, which the DHCR refused to consider. But the documents landlord submitted to prove the improvements were completely inadequate. Landlord submitted an invoice from a building employee marked "paid" for installing new floors and kitchen cabinets, along with a receipt for a refrigerator. But these records didn't indicate which building or apartment the work was for, didn't indicate if the appliance was new, and didn't sufficiently break down the costs. Tenant also had claimed that landlord simply moved the refrigerator from her old apartment in the same building to the new apartment. The 1/40th costs were disallowed, and the DHCR ordered landlord to refund $8,000 in rent overcharges to tenant.

Forbes: DHCR Adm. Rev. Docket No. YK210005RK (1/17/13) [6-pg. doc.]