Landlord Didn't Show It Paid Super Separately for Work

Tenant complained of a rent overcharge. Landlord claimed that apartment improvements had been made before tenant moved in. The DRA ruled for tenant, finding a willful rent overcharge. The DRA disallowed any increase for apartment improvements, based on lack of proof. Landlord appealed. The DHCR ruled against landlord. Landlord didn't submit cancelled checks adding up to the claimed costs. And to get a rent increase for work done by a superintendent, landlord must show that the work was done and paid for separate and apart from the super's ordinary duties at the building. Landlord didn't show that the super was paid separately for work supposedly done in tenant's apartment.

299 Adelphi Associates: DHCR Adm. Rev. Dckt. No. GC 210286 RO (10/17/95) [4-page document]