Proof of Improvements Not Specific Enough

Tenant complained of a rent overcharge. Landlord claimed that there was no overcharge and submitted documentation of 1/40th improvements made to tenant's apartment before he moved in. The DRA ruled for tenant. The DRA rejected all of landlord's claimed costs for apartment improvements. The DRA found that landlord didn't exhaust the useful life of prior kitchen appliances. Tenant also denied that any of the claimed work had been done. Landlord appealed and lost. Landlord had gotten a rent increase for a new stove and refrigerator in 2000. So the apartment could not have needed new appliances when tenant moved into it in 2002. Landlord's invoice for kitchen cabinets also was insufficient. Tenant claimed that no new cabinetry was installed. Landlord's invoice for cabinets was dated May 10, 2002. But in September 2002, tenant requested an inspection from HPD based on rusted cabinets in disrepair.

S.M. Realty LLC: DHCR Adm. Rev. Dckt. No. RJ110037RO (3/21/05) [3-pg. doc.]