Checks Aren't Contemporaneous with Invoice

Tenant complained of a rent overcharge. The DRA ruled for tenant, but tenant appealed, arguing that the amount of overcharge should have been higher. Tenant claimed that the DRA shouldn't have given landlord any rent increase for 1/40th improvements because landlord didn't submit sufficient proof of the costs. The DHCR ruled for tenant in part. Landlord submitted checks paid to its contractor, some of which were dated several months before or more than a year after the invoice for the work done in the apartment. And another invoice submitted by landlord from another construction company was for the same work. So the total overcharge was $18,000, rather than $16,000.

Junkermann: DHCR Adm. Rev. Dckt. No. NL410014RK (3/9/00) [4-pg. doc.]