New Smoke Detector

LVT Number: 9977

Tenant complained of a rent overcharge. Landlord showed that a number of improvements had been made to tenant's apartment during a vacancy before tenant moved in. The DRA found some overcharge and allowed a rent increase for some items but not for others. The DRA allowed the landlord to collect a rent hike of 1/40th of the cost of $300 for supply and installation of new hardwire smoke detectors. Tenant appealed, claiming this was improper. The DHCR ruled for tenant. The law requires installation of smoke detectors and allows a one-time charge.

Tenant complained of a rent overcharge. Landlord showed that a number of improvements had been made to tenant's apartment during a vacancy before tenant moved in. The DRA found some overcharge and allowed a rent increase for some items but not for others. The DRA allowed the landlord to collect a rent hike of 1/40th of the cost of $300 for supply and installation of new hardwire smoke detectors. Tenant appealed, claiming this was improper. The DHCR ruled for tenant. The law requires installation of smoke detectors and allows a one-time charge. The smoke detectors therefore didn't amount to an apartment improvement, so no rent increase was warranted.

Seldon/Wallach Management: DHCR Adm. Rev. Dckt. Nos. IB 410003 RT; IB 410017 RO (4/6/95) [7-page document]

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