Landlord Collected Only Part of Improvements Rent Hike

September 30, 2000

LVT Number: 14452

Tenant complained of a rent overcharge. The DRA ruled for tenant and imposed triple damages for a willful overcharge. Landlord appealed. Landlord had made kitchen improvements costing $2,300 before tenant moved in. The DRA didn't include any of the 1/40th rent increase for this work in calculating tenant's legal rent. The DHCR ruled for landlord. Landlord was entitled to a 1/40th rent increase. But even though the amount of this increase was legally $54 per month, landlord was entitled to collect only $50, because this was the amount charged.

Tenant complained of a rent overcharge. The DRA ruled for tenant and imposed triple damages for a willful overcharge. Landlord appealed. Landlord had made kitchen improvements costing $2,300 before tenant moved in. The DRA didn't include any of the 1/40th rent increase for this work in calculating tenant's legal rent. The DHCR ruled for landlord. Landlord was entitled to a 1/40th rent increase. But even though the amount of this increase was legally $54 per month, landlord was entitled to collect only $50, because this was the amount charged. Triple damages also were revoked because any remaining overcharge was minor and wasn't willful.

Hamilton Heights Assocs.: DHCR Adm. Rev. Dckt. No. OD410008RP (8/16/00) [7-pg. doc.]

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