Useful Life of Prior Dishwasher Hadn't Expired

LVT Number: 17823

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding that landlord improperly collected a rent increase for installation of a new dishwasher. Landlord appealed and lost. The life expectancy of tenant's prior dishwasher hadn't expired. Under the Rent Stabilization Code, landlord couldn't collect another increase for a replacement appliance during the useful life period. Unlike major capital improvements, there is no provision for exceptions to the useful life of individual apartment improvements.

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding that landlord improperly collected a rent increase for installation of a new dishwasher. Landlord appealed and lost. The life expectancy of tenant's prior dishwasher hadn't expired. Under the Rent Stabilization Code, landlord couldn't collect another increase for a replacement appliance during the useful life period. Unlike major capital improvements, there is no provision for exceptions to the useful life of individual apartment improvements.

Keohe: DHCR Adm. Rev. Dckt. No. SI410057RO (11/1/04) [3-pg. doc.]

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