Landlord Didn't Prove Equipment Delivered to Tenant's Apartment

March 1, 1995

LVT Number: 9541

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that it was entitled to a 1/40th rent increase for new equipment. The DHCR again ruled for tenant. Landlord didn't prove that the stove and other equipment were delivered to tenant's apartment. The invoices showed the equipment was delivered to another person in another building. Landlord claimed that this person was the superintendent and that the equipment was merely shipped to him first.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that it was entitled to a 1/40th rent increase for new equipment. The DHCR again ruled for tenant. Landlord didn't prove that the stove and other equipment were delivered to tenant's apartment. The invoices showed the equipment was delivered to another person in another building. Landlord claimed that this person was the superintendent and that the equipment was merely shipped to him first. Tenant claimed that this person wasn't the building superintendent, and landlord offered no proof to the contrary.

Freundel: DHCR Adm. Rev. Dckt. Nos. CF410005RT, CE410032RO (1/25/95) [5-page document]

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