Custom Built Cabinets

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant filed a fair market rent appeal. She claimed that her initial $800 rent was excessive. The DHCR ruled against tenant, finding that tenant's initial rent was less than the fair market rent. Comparable rent calculations alone made the fair market rent $745. In addition, the DHCR allowed a 1/40th rent increase of $55 for apartment improvements made by landlord. Tenant appealed, claiming that landlord didn't prove the cost of custom cabinets installed in the apartment. The court ruled against tenant. Tenant didn't deny the cabinets were installed. Although the invoice to landlord for $5,000 for the cabinets could have contained more detail, the DHCR allowed a cost of $2,200 for the cabinets. This was reasonable in light of the other proof landlord submitted.

Jaffe v. DHCR: Index No. 107928/00 (Sup. Ct. NY 10/15/04; Madden, J) [11-pg. doc.]