Landlord Documented Individual Apartment Improvements

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding that landlord was entitled to a rent increase for individual apartment improvements (IAIs) when tenant moved in. Tenant appealed and lost. For the first time on appeal, tenant disputed various aspects of the claimed IAIs, generally in connection with the timing of their performance. Since tenant didn't challenge the IAIs before the DRA, the DHCR wouldn't consider tenant's claims under the PAR proceeding. And the documentation submitted by landlord to the DRA supported the finding that the IAIs had been performed before tenant moved in, as claimed.

Amodio: DHCR Adm. Rev. Docket No. HX110009RT (4/16/21) [4-pg. doc.]