Landlord Didn't Submit Additional Information

LVT Number: 14875

Tenant complained of a rent overcharge. Landlord submitted proof of individual apartment improvements done in tenant's apartment before he moved in. The DRA ruled against tenant, finding no overcharge. Tenant asked for reconsideration, claiming that landlord hadn't sufficiently proved some of the improvements. The DRA ruled for tenant and reopened the case. The DRA then asked landlord for a more detailed statement regarding the extent of work performed in the bathrooms and in kitchen cabinet installations.

Tenant complained of a rent overcharge. Landlord submitted proof of individual apartment improvements done in tenant's apartment before he moved in. The DRA ruled against tenant, finding no overcharge. Tenant asked for reconsideration, claiming that landlord hadn't sufficiently proved some of the improvements. The DRA ruled for tenant and reopened the case. The DRA then asked landlord for a more detailed statement regarding the extent of work performed in the bathrooms and in kitchen cabinet installations. Landlord claimed that it couldn't submit further information because its contractor was no longer in business. The DRA again ruled against tenant. Tenant appealed and won. Since landlord didn't provide the requested additional information, that portion of the rent increase pertaining to the bathroom work and kitchen cabinets was disallowed.

Norman: DHCR Adm. Rev. Dckt. No. MJ410097RT (2/28/01) [7-pg. doc.]

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