Landlord's Proof of New Equipment Was Insufficient

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA ignored proof of improvements made to the apartment. The DHCR ruled against landlord because landlord didn't have enough documentation of the improvements. Landlord claimed that a stove, windows, and refrigerator were installed in 1987. But landlord submitted no proof of work being done at that time. Landlord's invoice for a building-wide window installation was dated 1989 and another statement for the installation of seven windows for tenant's apartment was dated July 1988. Landlord's documents also showed installation of a new stove and new refrigerator in tenant's apartment three times within three years. Statements concerning a contractor's work appeared to be written on landlord's own memo. There was no contractor's letterhead or company name. Many of the work items, such as Sheetrock and floor finishing, were routine maintenance and repair---not improvements. There were conflicting prices for the items on different statements, and landlord's checks didn't show full payment for the work performed.

509 West 155th Street, Apt. 2A: DHCR Adm. Rev. Dckt. No. GD 410129-RO (6/28/93) [4-page document]