Sheetrocking Not Done Throughout Apartment

LVT Number: 17754

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge amount to tenant. Tenant appealed, claiming that he was entitled to a larger refund because the DRA incorrectly granted landlord a 1/40th rent increase for apartment improvements that weren't made. Landlord claimed that the entire apartment was sheetrocked. Tenant's contractor submitted an affidavit stating that only the kitchen and bathroom had new sheetrock. Landlord didn't respond to tenant's claim. The DHCR ruled for tenant.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge amount to tenant. Tenant appealed, claiming that he was entitled to a larger refund because the DRA incorrectly granted landlord a 1/40th rent increase for apartment improvements that weren't made. Landlord claimed that the entire apartment was sheetrocked. Tenant's contractor submitted an affidavit stating that only the kitchen and bathroom had new sheetrock. Landlord didn't respond to tenant's claim. The DHCR ruled for tenant. Since the cost of the sheetrocking wasn't itemized, the DHCR disallowed the $9,000 that landlord claimed was spent on sheetrock.

Alonso: DHCR Adm. Rev. Dckt. No. SH210058RT (10/15/04) [4-pg. doc.]

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