Landlord Charged Monthly Rent Increase for New Stove

Rent-stabilized tenant complaint of rent overcharge. Specifically, tenant claimed that landlord added $12 per month to tenant's rent starting in January 2013 after landlord installed a new stove in tenant's apartment. Tenant claimed that the old stove was broken and that landlord improperly charged a rent increase. The DRA ruled for tenant and ordered landlord to refund $3,634. Landlord appealed and lost. Landlord claimed that tenant consented to the rent increase for the stove replacement and submitted a copy of tenant's signed consent form and receipt for the stove with its PAR. But landlord didn't submit to the DRA any proof of either the cost of the new stove or written consent by tenant to pay for an individual apartment improvement (IAI). The DRA had requested this documentation. The DHCR couldn't consider landlord's proof for the first time on appeal.

Bravo Realty Corp.: DHCR Adm. Rev. Docket No. GQ410012RO (1/30/19) [2-pg. doc.]