Landlord Didn't Prove Improvements Made

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that the DRA granted landlord a rent increase for apartment improvements that weren't done in her apartment. The DHCR ruled for tenant. Landlord didn't prove that improvements were made to tenant's apartment. Landlord's description of the work done was vague, and invoices submitted were dated after tenant moved in. They were also illegible or not understandable. None of the invoices referred to tenant's apartment; many of the billed items were for ordinary maintenance supplies; and some items were listed several times on different receipts. The canceled checks submitted were unrelated to the invoices. Photographs of the apartment showed that no improvements were made before tenant moved in. The apartment in fact was in need of repair. The DHCR disallowed any 1/40th increase and found that there was a willful rent overcharge.

Narvaez: DHCR Adm. Rev. Dckt. No. LG510171RT (6/16/00) [4-pg. doc.]