Landlord Must Submit Proof of Costs, Despite Tenant's Consent

LVT Number: 15655

Tenant complained of a rent overcharge. The DRA ruled for tenant and disallowed any rent increase for apartment improvements made with tenant's consent while tenant was in the apartment. Landlord appealed, arguing that tenant's written consent was all that was needed to approve the 1/40th rent increase. The DHCR ruled against landlord. Tenant's consent was required for apartment improvements made while tenant lived in the apartment. But landlord still was required to submit proof of the cost of improvements in response to an overcharge complaint.

Tenant complained of a rent overcharge. The DRA ruled for tenant and disallowed any rent increase for apartment improvements made with tenant's consent while tenant was in the apartment. Landlord appealed, arguing that tenant's written consent was all that was needed to approve the 1/40th rent increase. The DHCR ruled against landlord. Tenant's consent was required for apartment improvements made while tenant lived in the apartment. But landlord still was required to submit proof of the cost of improvements in response to an overcharge complaint.

Apartment Co. LLC: DHCR Admin. Rev. Dckt. No. PA410030RO (1/11/02) [2-pg. doc.]

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