Landlord Didn't Prove Total Cost of Improvements
LVT Number: 7028
Tenant complained of a rent overcharge. Landlord claimed that it made improvements costing $6,500 to the apartment before tenant moved in. Landlord submitted invoices for over $6,000, but only two cancelled checks totalling $4,300. The DRA allowed the $4,300 in costs toward a rent increase, but disallowed the rest, and found a rent overcharge. Landlord appealed, and the DHCR found that landlord's proof of the additional improvements was insufficient. Tenant didn't deny that landlord had provided floor tiles, the sanding of floors, and new kitchen appliances. But the invoices alone, without cancelled checks, weren't sufficient to prove the cost. Since the improvements were seemingly made and there would have been no overcharge otherwise, the DHCR revoked the DRA's finding of willful rent overcharge and triple damages.
2714 Avenue D, Apt. 4F: DHCR Adm. Rev. Dckt. No. EF 210347-RO (3/3/93) [3-page document]