Landlord Can Include Demolition Costs

August 31, 1998

LVT Number: 12617

Tenant complained of a rent overcharge. The DHCR ruled for landlord in part, granting a rent increase for 1/40th individual apartment improvements. Tenant appealed, claiming that the DHCR's decision was unreasonable because the 1/40th improvement included demolition costs. The DHCR argued that it permitted demolition costs to be included since it was a necessary part of the work done to install new kitchen and bathroom improvements. The court ruled against tenant. The DHCR's decision was reasonable.

Tenant complained of a rent overcharge. The DHCR ruled for landlord in part, granting a rent increase for 1/40th individual apartment improvements. Tenant appealed, claiming that the DHCR's decision was unreasonable because the 1/40th improvement included demolition costs. The DHCR argued that it permitted demolition costs to be included since it was a necessary part of the work done to install new kitchen and bathroom improvements. The court ruled against tenant. The DHCR's decision was reasonable.

Ramos v. DHCR: NYLJ, p. 22, col. 5 (8/12/98) (Sup. Ct. NY; Bransten, J)

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