Proposal for New Equipment Obtained During Vacancy

Tenant complained of a rent overcharge. The DRA ruled against tenant and found that landlord could collect a 1/40th rent increase for improvements made to the apartment prior to the date tenant moved in. Tenant appealed, claiming that her lease began on July 1, 1995, and that she was denied occupancy until July 16, 1995, while landlord installed unwarranted and inferior improvements which she hadn't agreed to. Landlord claimed the work was contracted for prior to July 1, 1995, so tenant's consent wasn't necessary. The DHCR ruled for tenant. Review of landlord's documents showed that the apartment improvements weren't ordered or installed until after July 1, 1995. Landlord only had a proposal for kitchen work dated May 1995. This wasn't a binding commitment. The kitchen work wasn't done until July 8. Tenant's lease didn't mention improvements, and tenant didn't give her written consent to the rent increase. So landlord couldn't collect a 1/40th rent increase.

Schlesinger: DHCR Adm. Rev. Dckt. No. LC510041RT (8/8/97) [3-page document]