Items Ordered Before Tenant Took Occupancy

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. The DRA had included the cost of 1/40th improvements made before tenant moved into the apartment in the calculation of tenant's rent. Tenant claimed that landlord didn't install a stove and refrigerator in the apartment until after tenant moved in. So tenant argued that landlord shouldn't get a rent increase for these items. The DHCR ruled against tenant. Landlord's records showed that it had ordered the appliances before tenant moved in. And the company that landlord ordered the items from had attempted delivery shortly before tenant moved in. In the circumstances, landlord was entitled to a 1/40th rent increase for this equipment.

Pagan: DHCR Adm. Rev. Dckt. No. RD410071RT (7/25/03) [4-pg. doc.]