Proposal-Contract and Canceled Checks Proved Improvement Costs

LVT Number: 12547

Tenant complained of a rent overcharge. The DRA ruled for tenant in part, finding that tenant had been overcharged by $1,500. However, the DRA approved a rent increase of $477 based on landlord's claimed renovation cost of $19,000. Tenant appealed and questioned landlord's proof of the apartment improvements. The DHCR ruled against tenant. Landlord had submitted a proposal-contract signed by a contractor, which stated that the apartment would be substantially renovated at a total cost of $19,000. The contract specified all the work to be done in the apartment.

Tenant complained of a rent overcharge. The DRA ruled for tenant in part, finding that tenant had been overcharged by $1,500. However, the DRA approved a rent increase of $477 based on landlord's claimed renovation cost of $19,000. Tenant appealed and questioned landlord's proof of the apartment improvements. The DHCR ruled against tenant. Landlord had submitted a proposal-contract signed by a contractor, which stated that the apartment would be substantially renovated at a total cost of $19,000. The contract specified all the work to be done in the apartment. Landlord also submitted six canceled checks showing payments to the contractor for work in the apartment. Landlord submitted sufficient proof of the apartment improvements under DHCR Policy Statement 90-10.

Cave: DHCR Adm. Rev. Dckt. No. FD410302RT (3/26/98) [3-page document]

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