DHCR Accepts Checks That Supported Rent Increases for IAIs

August 11, 2018

LVT Number: #28551

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed, and the DHCR found that the DRA had improperly disregarded certain cancelled checks that proved individual apartment improvements (IAIs). The DHCR reduced the amount of rent overcharge that landlord had to refund to tenant. Tenant filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant, who appealed and lost. The DHCR's decision was rational, and tenant's appeal was properly dismissed.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed, and the DHCR found that the DRA had improperly disregarded certain cancelled checks that proved individual apartment improvements (IAIs). The DHCR reduced the amount of rent overcharge that landlord had to refund to tenant. Tenant filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant, who appealed and lost. The DHCR's decision was rational, and tenant's appeal was properly dismissed.

Buchanan v. DHCR: 2018 NY Slip Op 05466, 2018 WL 3559047 (App. Div. 2 Dept.; 7/25/18; Leventhal, JP, Sgroi, LaSalle, Brathwaite Nelson, JJ)

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