Landlord Claimed Improvements Made During Vacancy

Tenant complained of a rent overcharge. The DRA ruled for tenant and found that the overcharge was willful. Landlord appealed, claiming that the DRA improperly disallowed any rent increase for apartment improvements made before tenant moved in. The DHCR ruled against landlord. Tenant had claimed that no work was done in the apartment before he moved in, and landlord didn't prove otherwise. Although landlord submitted an invoice for replacement of electric risers in the apartment, tenant submitted photographs showing old electric outlets, along with a statement from prior tenant. Tenant also claimed that he couldn't locate the contractor named on landlord's invoice and showed there were building violations based on the electric wiring to his apartment.

Weg: DHCR Adm. Rev. Dckt. No. OK410029RO (8/17/01) [3-pg. doc.]