Tenant's Consent Didn't Specify Cost of Work

LVT Number: 15177

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA improperly disallowed a rent increase for kitchen improvements costing $3,000. The improvements were installed after tenant moved in, with tenant's written consent. Landlord also claimed, for the first time in its PAR, that the improvements were ordered before tenant moved in. The DHCR ruled against landlord. Landlord couldn't raise a claim for the first time on appeal about when the items were ordered. And tenant's consent form didn't include the cost of the work.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA improperly disallowed a rent increase for kitchen improvements costing $3,000. The improvements were installed after tenant moved in, with tenant's written consent. Landlord also claimed, for the first time in its PAR, that the improvements were ordered before tenant moved in. The DHCR ruled against landlord. Landlord couldn't raise a claim for the first time on appeal about when the items were ordered. And tenant's consent form didn't include the cost of the work. So tenant's written consent wasn't valid.

2084-2086 BPE Assocs.: DHCR Adm. Rev. Dckt. No. OJ610177RO (5/21/01) [3-pg. doc.]

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