Insufficient Proof of Individual Apartment Improvements

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and found a total overcharge of $3,900, including triple damages. Landlord appealed, claiming that the DRA improperly disallowed any rent increase for individual apartment improvements that cost $15,000. The DHCR ruled against landlord. Landlord failed to sufficiently document the claimed costs. The invoice submitted by landlord that indicated what work was done was prepared for the purpose of answering tenant's complaint and wasn't specific to any particular apartment.

Eshagoff: DHCR Adm. Rev. Docket No. ZE110029RO (6/29/12) [3-pg. doc.]