Insufficient Proof of Improvements

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA improperly disallowed any rent increase for apartment improvements made before tenant moved in. The DHCR ruled against landlord. One of the building owners was a principal of the contracting company that did the work. Although he sold his interest before the work was done, this relationship required close examination of any proof submitted. The bills submitted didn't refer to tenant's apartment; and many of the items, such as painting and sandpapering, are maintenance items for which no rent increase was warranted. Landlord also didn't submit copies of canceled checks to prove payment, even after the DRA asked for this documentation.

Martins: DHCR Adm. Rev. Dckt. Nos. EE410043RO, DB410184RO (12/18/96) [4-page document]