Scraping and Polyurethaning Floors

LVT Number: 17622

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding some overcharge. However, the DRA allowed a 1/40th rent increase for many of the apartment improvements claimed by landlord. The DRA disallowed a claimed monthly rent increase of $67 based on plastering and painting walls, scraping and coating floors with polyurethane. Landlord appealed and lost. These items are considered ordinary repair and maintenance, and don't qualify for apartment improvement rent increases.

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding some overcharge. However, the DRA allowed a 1/40th rent increase for many of the apartment improvements claimed by landlord. The DRA disallowed a claimed monthly rent increase of $67 based on plastering and painting walls, scraping and coating floors with polyurethane. Landlord appealed and lost. These items are considered ordinary repair and maintenance, and don't qualify for apartment improvement rent increases.

Central Astoria LLC: DHCR Adm. Rev. Dckt. No. SF110042RO (8/4/04) [2-pg. doc.]

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