Landlord Didn't Prove Improvements Were Made

February 1, 2001

LVT Number: 14743

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that it had made apartment improvements and that the DHCR unreasonably denied any rent increase for the improvements. The court and appeals court ruled against landlord. Landlord claimed that the DHCR shouldn't have made its ruling without holding a hearing or an apartment inspection. But landlord didn't submit any proof in response to the sworn statement of tenant's architect as to the age of the improvements.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that it had made apartment improvements and that the DHCR unreasonably denied any rent increase for the improvements. The court and appeals court ruled against landlord. Landlord claimed that the DHCR shouldn't have made its ruling without holding a hearing or an apartment inspection. But landlord didn't submit any proof in response to the sworn statement of tenant's architect as to the age of the improvements. And the DHCR's finding that landlord's bills weren't genuine was reasonable.

Merit Mgmt. LLC v. DHCR: NYLJ, 1/2/01, p. 28, col. 2 (App. Div.1 Dept.; Tom, JP, Ellerin, Rubin, Saxe, Buckley, JJ)

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