No 1/40th Improvement Increase for Brick Pointing

April 30, 1998

LVT Number: 12327

Tenant filed a fair market rent appeal. The DHCR ruled for tenant and reduced the first stabilized rent for the apartment. Landlord appealed, claiming that the DRA hadn't taken all permissible rent increases into consideration when deciding the rent. The DHCR ruled against landlord. Landlord was given rent increases for proper apartment improvements. But landlord also sought a 1/40th rent increase for brick pointing work done to the building. This work was a major capital improvement for which landlord could get a 1/60th rent increase upon proper application to the DHCR.

Tenant filed a fair market rent appeal. The DHCR ruled for tenant and reduced the first stabilized rent for the apartment. Landlord appealed, claiming that the DRA hadn't taken all permissible rent increases into consideration when deciding the rent. The DHCR ruled against landlord. Landlord was given rent increases for proper apartment improvements. But landlord also sought a 1/40th rent increase for brick pointing work done to the building. This work was a major capital improvement for which landlord could get a 1/60th rent increase upon proper application to the DHCR. It wasn't a basis for an individual apartment improvement rent increase.

Sunplace Realty Corp.: DHCR Adm. Rev. Dckt. No. KA110102RO (1/23/98) [2-page document]

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