Tub Reglazing Was Repair, Not Individual Apartment Improvement
LVT Number: #30593
Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, awarding triple damages and attorneys' fees. Landlord filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable.
The court ruled against landlord, who appealed and lost. The DHCR properly disallowed individual apartment improvement (IAI) rent increases claimed by landlord and rationally determined that refinishing an existing bathtub in the apartment was repair or maintenance work rather than an IAI. The DHCR's disallowance of various items shown in quantities far greater than needed for one apartment also was rational. The DHCR rationally relied on its inspection report, even though inspection was conducted some time after the work was performed. The inspector found that some claimed IAIs were never done. And prior landlord's failure to properly and timely file a 2010 annual rent registration correctly resulted in a rent freeze as a matter of law.
247-253 W. 116 LLC v. DHCR: 2019 NY Slip Op 08798, Index Nos. 10522, 10541/17 (App. Div. 1 Dept.; 12/10/19; Friedman, JP, Kapnick, Kern, Oing, JJ)