Landlord Didn't Prove Cash Payments Made
LVT Number: 16197
Tenant complained of a rent overcharge. Tenant's monthly rent was $1,525; prior tenant's rent was $360. Landlord claimed that it made individual apartment improvements costing $32,000 before tenant moved in. The DRA ruled for tenant, reduced tenant's rent to $660, and ordered landlord to refund over $11,000. Landlord appealed and lost. The DRA correctly disallowed a rent increase for 1/40th improvements. Landlord submitted a contract for proposed work but didn't prove cash payments claimed to have been made to the contractor. A signed statement from the contractor to confirm payment wasn't sworn and wasn't made at the time the work was done.
DSMG Corp.: DHCR Admin. Rev. Dckt. No. QG210050RO (9/30/02) [3-pg. doc.]