DHCR Must Hold Hearing on Claimed Apartment Improvement Costs

Tenant complained of a rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $10,000. Landlord filed a court appeal, claiming that the DHCR's decision was unreasonable. Landlord said that it wasn't given the chance to prove its labor costs in connection with individual apartment improvements to tenant's apartment. The court agreed with landlord, and the DHCR agreed to reconsider the issue. After reconsideration, the DRA allowed $6,000 in labor costs toward a rent increase. Landlord appealed, claiming that the DHCR still hadn't properly considered the issue, because landlord spent $16,000 on labor costs. The DHCR ruled for landlord. The court had ordered the DHCR to hold a "trial." So the DRA must hold a hearing on the question of whether landlord was entitled to all of the labor costs claimed in connection with the improvements made to tenant's apartment.

Sinnott Management Co.: DHCR Adm. Rev. Docket No. RA910008RO (10/25/07) [3-pg. doc.]