Invoice Doesn't Match Photos of Improvements

Tenant complained of a rent overcharge. Landlord claimed that it had made apartment improvements costing over $11,000 before tenant moved in and that 1/40th of the cost was included in tenant's rent. The DRA found no overcharge and ruled against tenant. Tenant appealed. Tenant had submitted photographs to the DRA of the kitchen work done in the apartment. Landlord claimed an outside contractor did the work. That contractor's invoice described oak cabinets with concealed hinges and solid brass knobs and a range hood. The photographs showed maple cabinets with visible metal hinges and no range hood. Tenant also claimed that the contractor told her that they don't install custom kitchen cabinets. Landlord didn't respond to tenant's claim. The DHCR ruled for tenant, since landlord's proof of the improvements was questionable. Most of the 1/40th increase was disallowed, and there was a resulting rent overcharge.

Maradey: DHCR Adm. Rev. Dckt. No. OE110107RT (2/28/01) [4-pg. doc.]