Landlord Shared Office Space with Contractor

LVT Number: 15800

Tenant complained of a rent overcharge. Landlord claimed that it made apartment improvements before tenant moved in and sought approval of the 1/40th rent increase it collected. The DRA ruled against landlord, finding that landlord and its contractor weren't separate entities. Landlord appealed, explaining that landlord, its managing agent, and the contractor that made the apartment improvements all shared office space. For a brief period, landlord's bank statements were mailed to it in care of the contractor because the post office knew no other address.

Tenant complained of a rent overcharge. Landlord claimed that it made apartment improvements before tenant moved in and sought approval of the 1/40th rent increase it collected. The DRA ruled against landlord, finding that landlord and its contractor weren't separate entities. Landlord appealed, explaining that landlord, its managing agent, and the contractor that made the apartment improvements all shared office space. For a brief period, landlord's bank statements were mailed to it in care of the contractor because the post office knew no other address. But landlord had a separate bank account from the contractor and was a separate entity. The DHCR ruled for landlord and found that there was no overcharge.

Shara Assocs. Co.: DHCR Admin. Rev. Dckt. No. PG10006RO (2/28/02) [4-pg. doc.]

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