Landlord Didn't Prove All Improvements Made

LVT Number: 9303

Tenant complained of a rent overcharge. Landlord claimed it had made improvements costing $14,000 to the apartment. A DHCR inspector found that landlord had made only a few of the improvements, and that the rest of landlord's alleged improvements weren't ''new.'' The DRA ruled that landlord had overcharged tenant $24,700, including triple damages. Landlord appealed, arguing that because the DHCR inspector came three years after the work was completed, wear and tear had aged the appearance of the improvements. The DHCR ruled for tenant.

Tenant complained of a rent overcharge. Landlord claimed it had made improvements costing $14,000 to the apartment. A DHCR inspector found that landlord had made only a few of the improvements, and that the rest of landlord's alleged improvements weren't ''new.'' The DRA ruled that landlord had overcharged tenant $24,700, including triple damages. Landlord appealed, arguing that because the DHCR inspector came three years after the work was completed, wear and tear had aged the appearance of the improvements. The DHCR ruled for tenant. Landlord didn't prove he'd paid for, or even made, the improvements.

Time Equities: DHCR Adm. Rev. Dckt. No. HH 410023-RO (6/3O/94) [7-page document]

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