Apartment Occupied When Improvements Made

Tenant complained of a rent overcharge. Landlord claimed that 1/40th improvements were made before tenant moved in. The DRA ruled against landlord. Landlord appealed and lost. Tenant had been an apartment occupant before landlord gave him his own lease. Landlord made apartment improvements when occupant became tenant. But there was never an actual vacancy, and tenant didn't sign any written consent for a 1/40th rent increase. So landlord couldn't collect the increase.

Kew Gardens Assocs. LLC: DHCR Admin. Rev. Dckt. No. OK110099RO (3/19/02) [4-pg. doc.]