New Linoleum Doesn't Qualify for Increase

LVT Number: 8153

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord complained that the DRA wouldn't allow a rent increase for new linoleum installed in tenant's kitchen. The DHCR ruled against landlord. It's DHCR policy that the installation of linoleum constitutes ordinary decorating, repair, or maintenance. It isn't considered an improvement that qualifies for a rent increase.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord complained that the DRA wouldn't allow a rent increase for new linoleum installed in tenant's kitchen. The DHCR ruled against landlord. It's DHCR policy that the installation of linoleum constitutes ordinary decorating, repair, or maintenance. It isn't considered an improvement that qualifies for a rent increase.

430 West 24th Street, Apt. 4-D: DHCR Adm. Rev. Dckt. No. AK 410209-RO (7/26/93) [9-page document]

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