Work Not Done in Satisfactory Manner

LVT Number: 17686

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund of $2,500, including interest. Landlord appealed, claiming that the DRA should have allowed a rent increase for apartment improvements made before tenant moved in. Tenant also appealed, claiming that the overcharge was willful. The DHCR ruled against landlord and for tenant. Landlord claimed that it had done bathroom renovations. Tenant claimed that they weren't done and submitted photographs. An inspection showed that any work that was done wasn't done in a satisfactory manner.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund of $2,500, including interest. Landlord appealed, claiming that the DRA should have allowed a rent increase for apartment improvements made before tenant moved in. Tenant also appealed, claiming that the overcharge was willful. The DHCR ruled against landlord and for tenant. Landlord claimed that it had done bathroom renovations. Tenant claimed that they weren't done and submitted photographs. An inspection showed that any work that was done wasn't done in a satisfactory manner. Walls and tiles were stained, cracked, and discolored. There was also a large gap in the wall around the shower head pipe. The DHCR ruled for tenant and awarded him triple damages.

Ramos: DHCR Adm. Rev. Dckt. Nos. SH610025RT & SE610069RO (9/23/04) [3-pg. doc.]

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