DHCR Reasonably Found Landlord's IAI Documentation Sufficient

April 19, 2016

LVT Number: #26895

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled against tenant, finding that landlord was entitled to a rent increase based on individual apartment improvements (IAIs). Tenant then filed an Article 78 appeal, claiming that the DHCR’s decision was unreasonable. The court ruled against tenant, who appealed and lost. The DHCR’s decision was rational, and not arbitrary and capricious. The DHCR found that the invoice, checks, and worksheet submitted by landlord provided adequate documentation of the claimed IAI costs.

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled against tenant, finding that landlord was entitled to a rent increase based on individual apartment improvements (IAIs). Tenant then filed an Article 78 appeal, claiming that the DHCR’s decision was unreasonable. The court ruled against tenant, who appealed and lost. The DHCR’s decision was rational, and not arbitrary and capricious. The DHCR found that the invoice, checks, and worksheet submitted by landlord provided adequate documentation of the claimed IAI costs. Tenant’s challenge, based solely on her own statements, was insufficient to warrant a contrary result.

 

Kolinsky v. Towns: 26 NYS3d 466, 2016 NY Slip Op 01606 (App. Div. 1 Dept.; 3/8/16; Friedman, JP, Acosta, Renwick, Richter, JJ)

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