Landlord Didn't Prove Improvements Made

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding that there had been a willful rent overcharge and ordered landlord to refund over $67,000 to tenant. Landlord appealed, claiming that the DRA had erroneously disallowed the cost of apartment improvements in calculating the lawful rent. The DHCR ruled against landlord. Landlord didn't show what work was done in tenant's apartment and didn't show that any work was done in the apartment while it was vacant when tenant consent wasn't needed. Most of the canceled checks and invoices submitted by landlord were dated after the date that tenant moved into the apartment. Some of the invoices submitted weren't legible. None of the documents listed tenant's apartment number.

3320 Kossuth Realty: DHCR Adm. Rev. Dckt. No. LE610026RO [5-pg. doc.]