Landlord Proved Improvement Cost

LVT Number: 10925

Tenant complained of a rent overcharge. Landlord claimed a number of improvements were made to the apartment before tenant moved in. The DRA ruled for tenant and disallowed any increase for most of the claimed improvements. Landlord appealed, arguing that he had submitted sufficient proof of the improvements. The DHCR ruled for landlord. Although the invoice landlord submitted was unclear, tenant admitted that a stove and refrigerator were installed in her apartment. So landlord could collect an increase for those improvements.

Tenant complained of a rent overcharge. Landlord claimed a number of improvements were made to the apartment before tenant moved in. The DRA ruled for tenant and disallowed any increase for most of the claimed improvements. Landlord appealed, arguing that he had submitted sufficient proof of the improvements. The DHCR ruled for landlord. Although the invoice landlord submitted was unclear, tenant admitted that a stove and refrigerator were installed in her apartment. So landlord could collect an increase for those improvements. Landlord had also submitted copies of canceled checks to the DRA, which the DRA mistakenly disallowed. And the DRA didn't give landlord a chance to itemize the costs.

Fried: DHCR Admin. Rev. Dckt. No. JL210004RP (5/3/96) [7-page document]

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