Landlord Bought Equipment Before Tenant Moved In

Tenant complained of a rent overcharge. The DRA ruled for tenant in part but allowed landlord to collect a rent hike of 1/40th of the cost of new equipment installed when tenant moved in. Tenant appealed, claiming that no new equipment was installed when she moved into the apartment. The DHCR found that most of the improvements, costing over $3,700, were installed while the prior tenant still lived in the apartment. Landlord never got written consent for a rent increase from prior tenant and never increased prior tenant's rent. So landlord couldn't add a rent increase to tenant's rent for this work. Other improvements were installed a few months after tenant moved in, although landlord bought the equipment for these improvements before tenant moved in. So landlord could collect a rent increase for these items.

Urban: DHCR Admin. Rev. Dckt. No. CC410394RT (1/11/95) [5-page document]