Tenant Consented to Improvements

LVT Number: 7031

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that tenant had agreed to pay for improvements begun while the apartment was vacant. Landlord submitted invoices, cancelled checks, and a statement signed by tenant. The DHCR noted that landlord didn't submit a full rent history, so the DRA was correct to reduce tenant's rent based on its default procedures. However, the DRA should have added a rent increase for the apartment improvements.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that tenant had agreed to pay for improvements begun while the apartment was vacant. Landlord submitted invoices, cancelled checks, and a statement signed by tenant. The DHCR noted that landlord didn't submit a full rent history, so the DRA was correct to reduce tenant's rent based on its default procedures. However, the DRA should have added a rent increase for the apartment improvements. Tenant consented in writing to landlord's proposed renovation of the kitchen and bathroom, and didn't deny that the work was substantially complete when tenant moved in. And landlord proved the cost of almost $8,000 in improvements.

1755 Cropsey Avenue, Apt. 1/R: DHCR Adm. Rev. Dckt. No. GG 210091-RO (4/23/93) [3-page document]

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