Landlord Can Include Cost of Supplies

LVT Number: 12386

Tenant complained of a rent overcharge. The DRA ruled for tenant but allowed some rent increase for individual apartment improvements made by landlord before tenant moved in. Tenant appealed, claiming that landlord's ''improvements'' were normal repair work and didn't warrant a rent increase. He also claimed that landlord shouldn't be given a rent increase for the cost of supplies. The DHCR ruled against tenant. Landlord proved it had made apartment improvements, including installation of new floors, baseboards, sheet rocking, plastering, painting, and electrical installations.

Tenant complained of a rent overcharge. The DRA ruled for tenant but allowed some rent increase for individual apartment improvements made by landlord before tenant moved in. Tenant appealed, claiming that landlord's ''improvements'' were normal repair work and didn't warrant a rent increase. He also claimed that landlord shouldn't be given a rent increase for the cost of supplies. The DHCR ruled against tenant. Landlord proved it had made apartment improvements, including installation of new floors, baseboards, sheet rocking, plastering, painting, and electrical installations. This work qualified for a 1/40th rent increase. The cost of normal repairs or supplies that are part of such a major renovation can be collected as part of the rent increase.

Diaz: DHCR Adm. Rev. Dckt. No. IJ510003RT (2/6/98) [3-page document]

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