Smaller Bathroom Sinks and Tub

LVT Number: 9980

Tenant complained of a rent overcharge. Landlord showed that a number of improvements had been made to tenant's apartment during a vacancy before tenant moved in. The DRA found some overcharge, allowing a rent increase for some items but not for others. Tenant appealed, claiming that the cost of new bathroom sinks and tub should have been disallowed because they were smaller than the old ones. The DHCR ruled against tenant. Those items were ordered during a vacancy period when tenant consent wasn't required.

Tenant complained of a rent overcharge. Landlord showed that a number of improvements had been made to tenant's apartment during a vacancy before tenant moved in. The DRA found some overcharge, allowing a rent increase for some items but not for others. Tenant appealed, claiming that the cost of new bathroom sinks and tub should have been disallowed because they were smaller than the old ones. The DHCR ruled against tenant. Those items were ordered during a vacancy period when tenant consent wasn't required. The fact that they may have been smaller than prior fixtures wasn't a sufficient reason to deny a rent increase for the new installations.

Seldon/Wallack Management: DHCR Adm. Rev. Dckt. Nos. IB 410003 RT; IB 410017 RO (4/6/95) [7-page document]

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