Landlord Didn't Submit Cost Breakdown

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $53,000, including triple damages for willful overcharge. Landlord appealed, claiming that the DRA incorrectly disallowed the cost of apartment improvements in calculating the legal rent. Landlord said the work cost over $12,000 and included a new sink and vanity, kitchen work, a new sub-floor and tiles, and work done to the radiators, walls, floors, wiring, and light fixtures throughout the apartment. The DHCR ruled against landlord. Tenant had claimed that some of the work wasn't done. And an inspection showed that no sub-floor was installed. In addition, some of the claimed work was repair work, not apartment improvements. The DRA repeatedly asked landlord to submit a cost breakdown so it could disallow certain items while allowing others. Landlord didn't do so. So the DRA reasonably disallowed all of the claimed improvements.

Rothstein Assocs. LLC: DHCR Adm. Rev. Dckt. No. TL210038RO (5/1/06) [5-pg. doc.]