Violations Don't Refute Vacancy Work Done

Tenant complained of a rent overcharge. The DRA found no overcharge and ruled against tenant. Tenant appealed. The DRA had granted a 1/40th rent increase for apartment improvements done by landlord before tenant moved in. But tenant claimed that the apartment needed repairs constantly from the day she moved in. She showed the DHCR a list of violations found by HPD in her apartment. The DHCR ruled against landlord. Tenant's list of violations didn't overlap with the improvements made to the apartment. And most of the conditions cited in the violations were small items.

Tejada: DHCR Adm. Rev. Dckt. No. TK410012RT (3/13/06) [4-pg. doc.]