Landlord's Employees Did the Work

Tenant complained of a rent overcharge. Landlord argued that it was entitled to a 1/40th rent increase for improvements made to tenant's apartment. Landlord claimed the improvements cost $9,500 and that the labor costs were an additional $5,000. The DRA allowed the cost of the improvements in calculating tenant's rent, but disallowed the labor costs. The DRA found that the overcharge wasn't willful. Tenant appealed, arguing that the overcharge was willful and that he should get triple damages. The DHCR ruled for tenant. Landlord claimed that two full-time building employees worked full 40-hour weeks for 16 weeks on tenant's apartment. But landlord didn't specifically state what work these employees did, and didn't submit any proof to support its claim that the laborers had worked 1,280 hours in tenant's apartment. Landlord, therefore, didn't prove that the overcharge wasn't willful.

37 1/2 St. Marks Place Apt. B1: DHCR Adm. Rev. Dckt. No. CH 410104-RT (10/15/93) [5-page document]