Landlord Can Collect Improvements Increase

August 31, 1999

LVT Number: 13510

Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming he never received a final notice of triple damages, and that the apartment was exempt for several years while the building super lived there. The DHCR rejected landlord's claims, but discovered in reviewing the case that the DRA didn't add into the rent calculation a rent increase for apartment improvements. This reduced the overcharge amount. Tenant appealed and lost. DHCR's decision was reasonable and was supported by the facts in the record.

Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming he never received a final notice of triple damages, and that the apartment was exempt for several years while the building super lived there. The DHCR rejected landlord's claims, but discovered in reviewing the case that the DRA didn't add into the rent calculation a rent increase for apartment improvements. This reduced the overcharge amount. Tenant appealed and lost. DHCR's decision was reasonable and was supported by the facts in the record. Landlord had submitted proof of the cost of the improvements to the DRA.

Barriga v. DHCR: NYLJ, p. 26, col. 1 (8/4/99) (Sup. Ct. Queens; Milano, J)

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