Failure to Provide DHCR Rider Documenting Improvements Didn't Bar IAI Rent Increase

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant questioned the rent increase the DRA approved for landlord's individual apartment improvements (IAIs). Among other things, tenant pointed out that landlord didn't give tenant a DHCR lease rider documenting and itemizing the IAIs with his 2014 vacancy lease. But the DHCR noted that there was no provision in the Rent Stabilization Law or Code that barred landlord from collecting an IAI rent increase when landlord failed to include the IAI calculation in the vacancy lease rider. Landlord also wasn't required to show tenant its IAI documentation at the time of the lease signing. It was acceptable that landlord submitted the IAI records for the first time in response to tenant's complaint. Landlord was entitled to an IAI rent increase of $180 per month, based on IAIs costing $10,774.

Bergman: DHCR Adm. Rev. Docket No. FP410034RT (9/20/17) [4-pg. doc.]