Tenant Didn't Consent to Improvements

LVT Number: 9337

Yonkers tenant complained of a rent overcharge. The DHCR asked landlord to substantiate the 1/40th improvement cost and to provide proof that tenant had consented to the improvement. Landlord submitted copies of the invoices for a stove and refrigerator, but said he didn't have written proof that tenant had agreed to the improvement. Tenant claimed the refrigerator was his and that landlord had made no other improvements. The DRA ruled for tenant, and landlord appealed. The DHCR upheld the DRA's ruling.

Yonkers tenant complained of a rent overcharge. The DHCR asked landlord to substantiate the 1/40th improvement cost and to provide proof that tenant had consented to the improvement. Landlord submitted copies of the invoices for a stove and refrigerator, but said he didn't have written proof that tenant had agreed to the improvement. Tenant claimed the refrigerator was his and that landlord had made no other improvements. The DRA ruled for tenant, and landlord appealed. The DHCR upheld the DRA's ruling. Landlord can't get a rent increase because it didn't have tenant's written consent to the improvements.

21 Fairmont Corp.: DHCR Adm. Rev. Dckt. No. FA 810198-RO (10/21/94) [3-page document]

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