Case Reopened to Consider Landlord's Improvement Costs

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,000, including triple damages for willful overcharge. Landlord appealed, claiming that the DRA failed to consider that landlord spent $6,500 on apartment improvements before tenant moved in. The DHCR reopened the case and sent it back the DRA for further consideration. The DRA received landlord's 1/40th improvement documentation on the same day that the overcharge ruling was issued. To provide fairness to both sides, the DRA should review landlord's documentation and give tenant the chance to respond to it.

550 East 182nd Street, LLC: DHCR Adm. Rev. Docket No. WD610031RO (6/12/08) [2-pg. doc.]