Work Performed Wasn't Gut Renovation

November 1, 2004

LVT Number: 17687

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund of $17,000, including triple damages for a willful overcharge. Landlord appealed, claiming that it submitted sufficient proof of apartment improvements made before tenant moved in and that the DRA incorrectly denied any rent increase. The DHCR ruled against landlord. The DRA had allowed some rent increase for 1/40th improvements. Landlord claimed that additional work was a gut renovation that also qualified for a rent increase.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund of $17,000, including triple damages for a willful overcharge. Landlord appealed, claiming that it submitted sufficient proof of apartment improvements made before tenant moved in and that the DRA incorrectly denied any rent increase. The DHCR ruled against landlord. The DRA had allowed some rent increase for 1/40th improvements. Landlord claimed that additional work was a gut renovation that also qualified for a rent increase. But an inspection showed that the other work was normal repair and maintenance work that didn't qualify for any rent increase.

347 W. 16th St. LLC: DHCR Adm. Rev. Dckt. No. RL410074RO (9/3/04) [5-pg. doc.]

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