Work Performed by Super

LVT Number: 16397

Tenant complained of a rent overcharge. The DRA ruled for tenant and directed a total refund of $200. Landlord appealed, claiming that there was no overcharge because it had made individual apartment improvements costing $400, which should have been included in calculating tenant's lawful rent. The DHCR ruled against landlord. The apartment improvement work was performed by the building superintendent. And landlord didn't prove that the work done by the super was outside the scope of his ordinary employment duties.

Tenant complained of a rent overcharge. The DRA ruled for tenant and directed a total refund of $200. Landlord appealed, claiming that there was no overcharge because it had made individual apartment improvements costing $400, which should have been included in calculating tenant's lawful rent. The DHCR ruled against landlord. The apartment improvement work was performed by the building superintendent. And landlord didn't prove that the work done by the super was outside the scope of his ordinary employment duties.

Shorefront Apts., LLC: DHCR Adm. Rev. Dckt. No. QH210052RO (10/18/02) [2-pg. doc.]

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