Improvements Made Three Months After Tenant Took Occupancy

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming that the DRA granted rent increases for apartment improvements made after he moved into the apartment and there was no written consent for any rent increase. Landlord claimed that tenant was an illegal subtenant when he first lived in the apartment, so he didn't need written consent. The DHCR ruled for tenant. Tenant moved into the apartment in September 1995 and received his own lease in December 1995. The improvements in question were made in January 1996, more than three months after tenant moved in and after he became a tenant in his own right. There was a total overcharge of $4,500.

Rozoe: DHCR Admin. Rev. Dckt. No. PE410043RT (9/20/01) [5-pg. doc.]