Landlord Proved New Refrigerator Installation

LVT Number: 18970

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund. Landlord appealed, claiming that it had made apartment improvements before tenant moved in. The DRA had disallowed any increase for the work. The DHCR ruled for landlord in part. Landlord had submitted a photograph taken around the time that tenant moved into the apartment. The refrigerator in the photograph had a large label on it, typical of new appliances. The DHCR found that landlord had otherwise proved the cost of the refrigerator, and allowed a 1/40th rent increase for this item.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund. Landlord appealed, claiming that it had made apartment improvements before tenant moved in. The DRA had disallowed any increase for the work. The DHCR ruled for landlord in part. Landlord had submitted a photograph taken around the time that tenant moved into the apartment. The refrigerator in the photograph had a large label on it, typical of new appliances. The DHCR found that landlord had otherwise proved the cost of the refrigerator, and allowed a 1/40th rent increase for this item. So the amount of the overcharge was reduced.

Acorn Realty LLC: DHCR Adm. Rev. Dckt. No. TH410028RO (5/9/06) [11-pg. doc.]

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