Invoice Didn't Specify Apartment Numbers

LVT Number: 12167

Tenant filed a fair market rent appeal. The DRA ruled for tenant and set the first stabilized rent using the special fair market rent guideline. Landlord appealed, claiming that the DRA didn't give credit for $9,000 worth of apartment renovations in its calculation of the fair market rent. The DRA ruled against landlord. Although tenant's apartment was at 615 W. 135th St., most of the invoices landlord submitted to document the renovations listed as the address either 609 W. 135th St. or 609-619 W. 135th St..

Tenant filed a fair market rent appeal. The DRA ruled for tenant and set the first stabilized rent using the special fair market rent guideline. Landlord appealed, claiming that the DRA didn't give credit for $9,000 worth of apartment renovations in its calculation of the fair market rent. The DRA ruled against landlord. Although tenant's apartment was at 615 W. 135th St., most of the invoices landlord submitted to document the renovations listed as the address either 609 W. 135th St. or 609-619 W. 135th St.. There were about 100 apartments at these combined addresses, and landlord's invoices didn't specify which apartment the work was for. Other apartments may have been vacant while tenant's apartment was supposedly being renovated. The DRA properly disallowed any rent increases based on these invoices.

W. 135th St. Corp.: DHCR Adm. Rev. Dckt. No. FC510285RO (11/7/97) [5-page document]

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