Equipment Ordered After Start Date of Vacancy Lease

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a total overcharge of $475 over a three-year period. Tenant appealed, claiming that the overcharge was greater and that the DRA had erroneously allowed landlord a rent increase for apartment improvements installed after tenant moved in and without tenant's written consent. The DHCR ruled for tenant. Documents submitted to the DRA showed that kitchen cabinets were installed after tenant moved into the apartment. Tenant's lease didn't state that tenant consented to the installation. There was no basis for any rent increase for this improvement. So the total overcharge over a four-year period was $2,500.

Klein, Porcino: DHCR Adm. Rev. Dckt. No. CG410178RT (10/31/96) [4-page document]