No Tenant Consent Required for IAIs Ordered Before Tenant’s Vacancy Lease Commenced

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found a total overcharge with interest of only $460. Tenant appealed and lost. Tenant claimed that landlord failed to prove the cost of individual apartment improvements (IAIs) and that most of the IAIs weren't performed. But landlord submitted two contractor’s affidavits indicating that IAIs were performed in 2011 for $1,599 following a vacancy, and that further IAIs were performed in 2012 for $7,960 following another vacancy. The affidavits set forth what improvements were performed, which apartment was renovated, the cost, and the fact that the cost was paid in full. The fact that some of the work may have been completed after the commencement date of tenant’s vacancy lease didn’t mean that landlord was required to obtain tenant’s written consent to the work and the rent increase. Tenant had signed the vacancy lease that provided for a rent and included the IAI rent increase. The IAI work was ordered before tenant’s vacancy lease commenced. Landlord adequately documented the claimed expenses.

Robinson: DHCR Adm. Rev. Docket No. DV210054RT (3/14/16) [4-pg. doc.]