Landlord Submitted Sufficient Proof of IAIs

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,297. Tenant appealed and lost. Tenant claimed that the rent overcharge was greater and that the DRA permitted a rent increase for individual apartment improvements (IAIs) that were installed before tenant moved in on Feb. 1, 2010, but which tenant maintained were insufficiently documented. The DHCR applied Policy Statement 90-10's requirements for proof of IAIs rather than the higher standard of proof required by Operational Bulletin 2016-1 because the Policy Statement was in effect when the IAIs were done. Landlord submitted canceled checks, a contractor's affidavit, and an invoice that showed landlord spent $9,700 on a new kitchen floor installation, replacement of kitchen cabinets, counters, sink and faucet, replacement of bathroom floor, replacement of all electrical outlets, ceiling light fixtures, and light switches.

Abreu: DHCR Adm. Rev. Docket No. EW110064RT (5/31/17) [3-pg. doc.]