Rent Administrator Mistakenly Disregarded Landlord's Proof of IAIs

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $100,500, including interest. Tenant appealed, claiming that the DRA should have assessed triple damages. Landlord appealed, claiming that the DRA ignored proof of individual apartment improvements (IAIs) that landlord had submitted. The DHCR ruled for landlord and reopened the case for further consideration by the DRA. Landlord proved that it submitted IAI documentation to the DRA before the DRA issued its ruling. Landlord claimed that it spent over $50,000 on a full apartment renovation before tenant moved in. The DHCR also ruled that the DRA could further consider tenant's claim for willful rent overcharge.

1159 Dean, LLC/Wanglien: DHCR Adm. Rev. Docket Nos. EU210057RO, EU210076RT (10/13/17) [3-pg. doc.]