Items Were Repairs, Not Improvements

June 30, 2005

LVT Number: 18202

Tenant complained of a rent overcharge. The DHCR ruled for tenant, found that the overcharge was willful, and ordered a refund with triple damages. Landlord appealed, claiming that the DHCR should have allowed a rent increase for improvements it made to tenant's apartment before tenant moved in. The court and appeals court ruled against landlord. Landlord submitted no invoices or proof of payment to the DHCR for the claimed work. And the DHCR correctly disallowed any rent increase for plastering, replacing window glass, refinishing a floor, and painting.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, found that the overcharge was willful, and ordered a refund with triple damages. Landlord appealed, claiming that the DHCR should have allowed a rent increase for improvements it made to tenant's apartment before tenant moved in. The court and appeals court ruled against landlord. Landlord submitted no invoices or proof of payment to the DHCR for the claimed work. And the DHCR correctly disallowed any rent increase for plastering, replacing window glass, refinishing a floor, and painting. These were repairs or normal maintenance, not improvements.

Yorkroad Assocs. v. DHCR: NYLJ, 6/20/05, p. 25, col. 1 (App. Div. 1 Dept.; Marlow, JP, Ellerin, Nardelli, Sweeny, JJ)

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