Typo on Invoice Doesn't Bar Increase

LVT Number: 16807

Tenant complained of a rent overcharge. The DRA found no overcharge and ruled against tenant. Landlord appealed. Although the DRA found no overcharge, this was because tenant paid a preferential rent. The DRA disallowed some individual apartment improvement costs in calculating the legal regulated rent for the apartment. Landlord claimed that this was in error. Invoices submitted by landlord indicated that some work was done in other apartments. But rent registration records showed that the other noted apartments didn't exist. The invoices contained a typographical error.

Tenant complained of a rent overcharge. The DRA found no overcharge and ruled against tenant. Landlord appealed. Although the DRA found no overcharge, this was because tenant paid a preferential rent. The DRA disallowed some individual apartment improvement costs in calculating the legal regulated rent for the apartment. Landlord claimed that this was in error. Invoices submitted by landlord indicated that some work was done in other apartments. But rent registration records showed that the other noted apartments didn't exist. The invoices contained a typographical error. And tenant didn't dispute that the work stated on the invoices in question was done. So landlord was entitled to collect a rent hike for those improvements.

Parris: DHCR Adm. Rev. Dckt. No. RF210054RO (8/29/03) [4-pg. doc.]

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