Improvements Brought First Rent to $2,000 per Month or More

August 31, 2002

LVT Number: 16089

Tenant complained of a rent overcharge. The DRA ruled for tenant and disallowed any rent increase for certain 1/40th improvements. Landlord appealed, arguing that all of its 1/40th improvements should be allowed so that the rent would be over $2,000 and the apartment deregulated. The DHCR ruled for landlord. Landlord documented renovation work that all qualified as 1/40th improvements. When a 20 percent vacancy increase was added to the legal rent, the new rent was over $2,000. So tenant's rent-stabilized apartment was deregulated.

Tenant complained of a rent overcharge. The DRA ruled for tenant and disallowed any rent increase for certain 1/40th improvements. Landlord appealed, arguing that all of its 1/40th improvements should be allowed so that the rent would be over $2,000 and the apartment deregulated. The DHCR ruled for landlord. Landlord documented renovation work that all qualified as 1/40th improvements. When a 20 percent vacancy increase was added to the legal rent, the new rent was over $2,000. So tenant's rent-stabilized apartment was deregulated.

Relp/Page: DHCR Admin. Rev. Dckt. Nos. QA410017RO and QA410019RT (7/11/02) [3-pg. doc.]

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