Landlord Didn't Prove Costs of Individual Apartment Improvements

LVT Number: #25052

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,500, including triple damages. Landlord appealed and lost. The DRA had disallowed any rent increase for certain individual apartment improvements that landlord claimed tenant had agreed to when she moved in. But tenant consent isn't needed for "1/40th" improvements made during an apartment vacancy. Landlord failed to submit proof to the DRA of the cost of the new stove, refrigerator, and kitchen cabinets installed. 

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,500, including triple damages. Landlord appealed and lost. The DRA had disallowed any rent increase for certain individual apartment improvements that landlord claimed tenant had agreed to when she moved in. But tenant consent isn't needed for "1/40th" improvements made during an apartment vacancy. Landlord failed to submit proof to the DRA of the cost of the new stove, refrigerator, and kitchen cabinets installed. 

650 West 189 LP Terrace Realty Assocs.: DHCR Adm. Rev. Docket No. ZD410003RO (6/14/13) [4-pg. doc.]

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