Landlord Can Submit Proof of Improvements on Appeal

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DRA had erroneously notified landlord that the complaint was made by the prior tenant. So landlord hadn't submitted rent history records for the period after prior tenant moved out. Landlord now submitted proof of individual apartment improvements made before complaining tenant moved into the apartment. The DHCR ruled for landlord and permitted consideration of landlord's 1/40th documentation. Improvements costing $7,500 resulted in a monthly rent increase of $187 and a substantial reduction in the overcharge finding.

Trafalgar Mgmt. Svcs.: DHCR Adm. Rev. Dckt. No. FL410287RO (4/26/99) [4-pg. doc.]