Tenant Didn't Prove Contractor's Costs Were Inflated

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord submitted proof of individual apartment improvements made before tenant moved into the apartment. The cost of the 1/40th improvements was $30,000. The DHCR ruled for tenant in part, finding some overcharge. But the DHCR approved landlord's claimed apartment improvements in calculating the legal rent. Tenant appealed, claiming that landlord inflated its 1/40th costs. The court ruled against tenant. Landlord submitted a canceled check, an invoice from its contractor, an itemization of costs, and a sworn statement from the contractor that the work was done in the apartment. Tenant's claim of inflated costs was based on advertisements for similar work items. The DHCR reasonably relied on landlord's proof of improvements. Landlord wasn't required to get the lowest price for the work done.

Papavassiliu v. DHCR: Index No. 10587/03 (Sup. Ct. Kings 12/17/03; Johnson, J) [10-pg. doc.]