Improvements Made While Prior Tenant Occupied Apartment

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. The DRA had allowed a rent increase for individual apartment improvements made before tenant moved into the apartment. But tenant pointed out that the improvements were made while prior tenant occupied the apartment and that no rent increase was collected from prior tenant. So tenant argued that landlord couldn't collect a 1/40th rent increase from him. The DHCR ruled for tenant. Since landlord didn't get a rent increase from prior tenant for the 1/40th improvements, landlord couldn't later charge the cost of the improvements to tenant.

Fornabaio: DHCR Adm. Rev. Dckt. Nos. MK210096RT & OB210135RT (10/22/02) [6-pg. doc.]