Landlord Proved Appliances Were New

LVT Number: 16086

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a $3,000 refund. Tenant appealed, claiming that the overcharge was greater and that the DRA should have disallowed some 1/40th improvement increases granted to landlord. The DHCR ruled against tenant. Landlord proved the cost of his expenditures. He also showed that the refrigerator and stove that were installed were new by submitting sufficient proof, such as invoices from an appliance company.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a $3,000 refund. Tenant appealed, claiming that the overcharge was greater and that the DRA should have disallowed some 1/40th improvement increases granted to landlord. The DHCR ruled against tenant. Landlord proved the cost of his expenditures. He also showed that the refrigerator and stove that were installed were new by submitting sufficient proof, such as invoices from an appliance company.

Miranda/Cara: DHCR Admin. Rev. Dckt. Nos. QB210050RT and QB210011RO (7/23/02) [4-pg. doc.]

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