DHCR Can't Enforce Work Permit Laws

Tenant complained of a rent overcharge. Tenant's initial rent was $1,496, but the prior tenant's rent was $875. Landlord claimed that, before tenant moved in, it had made improvements to tenant's apartment costing $15,000. The DRA ruled for tenant, finding some overcharge. But the DRA found that landlord properly collected a 1/40th increase for the apartment renovations. Tenant appealed and lost. Tenant argued that landlord had obtained no city permits for the plumbing and electrical work done in the apartment. Tenant said that, for this reason, landlord shouldn't get a rent increase for improvements. The DHCR said that tenant hadn't raised this claim before the DRA. And the DHCR doesn't have the authority or expertise to enforce the building code or work permit laws.

Checo: DHCR Adm. Rev. Docket No. UE410057RT (9/22/06) [2-pg. doc.]