DRA Used Cost Estimate of Tenant's Engineer

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $11,000. The DRA granted an apartment improvement rent increase of $365 based on allowable costs totaling $14,600, which was the cost estimate of the work provided by tenant's engineer. Landlord appealed, claiming that the actual costs totaled over $40,000. The DHCR ruled against landlord. Review of all the proof submitted to the DRA showed that landlord didn't do all the work claimed. And some of the claimed work, such as repair of wall damage, was repair and maintenance for which no rent increase applied. Landlord also didn't submit a requested breakdown of the cost of each item claimed. And the invoice submitted by landlord was unreliable because painting costs were listed in several places while it also stated that there was no charge for painting.

Stellar PWV Mgmt., LLP: DHCR Adm. Rev. Dckt. No. RI410085RO (11/3/03) [5-pg. doc.]