Inspector Found Claimed Improvements Not Made

Tenant complained of a rent overcharge. Landlord claimed that it made 1/40th apartment improvements before tenant moved in, including full renovation of the kitchen and bathrooms. Tenant claimed that there was little or no renovation done and submitted photographs in support of his claim. The DRA ruled against tenant, and tenant appealed. The DHCR sent an inspector to the apartment. An inspection supported tenant's claim that neither the ceiling nor most of the walls had been Sheetrocked. The areas appeared to be original construction. So the DHCR disallowed most of the costs claimed by landlord, reduced tenant's rent, and sent the case back for the DRA to determine whether the overcharge was willful.

Bass: DHCR Admin. Rev. Dckt. No. QA410012RT (11/13/02) [4-pg. doc.]