Checks Predate Invoice

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $4,000 in overcharges. Landlord appealed, claiming that the DRA erroneously disallowed a 1/40th rent increase for apartment improvements costing $4,500 that were done before tenant moved in. Landlord had submitted copies of checks for these costs, as well as a contractor's invoice. The invoice was dated two days later than the checks. Landlord explained that its clerk had predated the checks. The DHCR ruled for landlord. The amount of the checks matched the invoice amount, they were closely dated, and landlord gave a reasonable explanation for the predating of the checks. The total overcharge was now only $245.

Jemrock Realty Co.: DHCR Adm. Rev. Dckt. No. OJ410006RO (5/9/01) [5-pg. doc.]