Claimed Work Wasn't Done

Tenant complained of a rent overcharge. The DRA ruled for tenant and found a willful overcharge of $44,000, including triple damages. The DRA included $20,000 in apartment improvement costs in calculating the rent but disallowed another $46,000 in costs claimed by landlord. Landlord appealed, claiming that it had proved its 1/40th costs and that there was no willful overcharge. The DHCR ruled against landlord. Tenant's engineer's report and photographs showed that some of the work claimed by landlord wasn't done. Other work, such as painting and wall repair, were ordinary maintenance items. And landlord didn't provide a breakdown of costs in response to the DHCR's request.

Stellar PWV Mgmt., LLP: DHCR Adm. Rev. Dckt. No. QK410058RO (4/24/03) [5-pg. doc.]