Landlord Didn't Submit Itemized Breakdown of IAI Costs

Rent-stabilized tenant complained of rent overcharge. Landlord claimed that there was no overcharge and that it correctly charged tenant an individual apartment improvement (IAI) rent increase for new windows when tenant moved in. The DRA ruled for tenant and ordered landlord to refund $450, including interest. Landlord appealed and lost. The DRA had asked landlord for an itemized cost breakdown to determine if the windows were repaired or replaced. Since landlord failed to provide the requested cost breakdown, the DRA correctly discounted the entire claimed IAI cost in determining the legal rent. Repair and maintenance costs aren't expenses that can count toward an IAI rent increase. [Download PDF of decision here.]

2129 Amsterdam Realty, LLC: DHCR Adm. Rev. Docket No. FS410048RO (3/8/18) [2-pg. doc.]