No Increase for Renovated Fireplace

LVT Number: 8082

Tenant complained of a rent overcharge. Landlord claimed he was entitled to a 1/40th rent increase for a new fireplace in tenant's apartment. The DRA denied landlord any rent increase for the fireplace, and landlord appealed. Landlord claimed that a brand-new wood burning fireplace was installed and that it hadn't existed before. But the contractor's bill that landlord submitted stated that only renovation work was done. That work included replacement of the fire tank, new fire bricks, new damper, new brick collar, and relining of the chimney with ceramic flues.

Tenant complained of a rent overcharge. Landlord claimed he was entitled to a 1/40th rent increase for a new fireplace in tenant's apartment. The DRA denied landlord any rent increase for the fireplace, and landlord appealed. Landlord claimed that a brand-new wood burning fireplace was installed and that it hadn't existed before. But the contractor's bill that landlord submitted stated that only renovation work was done. That work included replacement of the fire tank, new fire bricks, new damper, new brick collar, and relining of the chimney with ceramic flues. This work didn't qualify as the installation of new equipment.

250 West 78th Street, Apt. 5AF: DHCR Adm. Rev. Dckt. No. EB 510244-RO (6/23/93) [4-page document]

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