Appliances Ordered Two Months After Tenant Took Occupancy

June 30, 2006

LVT Number: 18964

Tenant complained of a rent overcharge. The DRA ruled against tenant based on landlord's proof of the cost of individual apartment improvements done before tenant moved in. Tenant appealed, pointing out that landlord didn't order kitchen appliances until after tenant had moved into the apartment. The DRA ruled for tenant. Landlord's documents showed that appliances were ordered two months after tenant had moved in. So a portion of the 1/40th increase granted by the DRA was disallowed. There was a $3,000 overcharge, including interest.

Tenant complained of a rent overcharge. The DRA ruled against tenant based on landlord's proof of the cost of individual apartment improvements done before tenant moved in. Tenant appealed, pointing out that landlord didn't order kitchen appliances until after tenant had moved into the apartment. The DRA ruled for tenant. Landlord's documents showed that appliances were ordered two months after tenant had moved in. So a portion of the 1/40th increase granted by the DRA was disallowed. There was a $3,000 overcharge, including interest.

Mohamed: DHCR Adm. Rev. Dckt. No. TF110169RT (12/28/05) [6-pg. doc.]

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