Landlord's Proof of Apartment Improvements Was Inconsistent

LVT Number: #19556

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $920. Tenant appealed, claiming that the DRA improperly calculated the legal rent. The DRA gave landlord credit for 1/40th of the cost of apartment improvements. But tenant argued that landlord's proof of the improvements was inconsistent. The DHCR ruled for tenant and sent the case back to the DRA for further consideration. Landlord claimed that a new refrigerator installed in the apartment before tenant moved in cost $1,266. But the invoice for the appliance stated that it cost $422.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $920. Tenant appealed, claiming that the DRA improperly calculated the legal rent. The DRA gave landlord credit for 1/40th of the cost of apartment improvements. But tenant argued that landlord's proof of the improvements was inconsistent. The DHCR ruled for tenant and sent the case back to the DRA for further consideration. Landlord claimed that a new refrigerator installed in the apartment before tenant moved in cost $1,266. But the invoice for the appliance stated that it cost $422. The dates on landlord's invoices and checks for improvements also were inconsistent with the time of the installations indicated in tenant's lease rider.

Carrington/ZA Realty LLC: DHCR Adm. Rev. Docket Nos. UK110013RO &UK110060RT (1/29/07) [3-pg. doc.]