No IAI Rent Increase Granted for Apartment Asbestos Survey

April 26, 2019

LVT Number: #30057

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DRA had approved a rent increase for individual apartment improvements (IAIs) performed in the apartment before tenant moved in. Tenant pointed out that the DRA excluded from permitted IAIs the $900 cost of an asbestos survey performed in the apartment. Tenant argued that this should have accounted for a rent overcharge. But the DRA approved allowable IAI costs of $107,341, which landlord documented. As a result, there was no overcharge.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DRA had approved a rent increase for individual apartment improvements (IAIs) performed in the apartment before tenant moved in. Tenant pointed out that the DRA excluded from permitted IAIs the $900 cost of an asbestos survey performed in the apartment. Tenant argued that this should have accounted for a rent overcharge. But the DRA approved allowable IAI costs of $107,341, which landlord documented. As a result, there was no overcharge.

Faleck: DHCR Adm. Rev. Docket No. GN410031RT (2/4/19) [2-pg. doc.]

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