Landlord Gets Increase for Various Items

LVT Number: 14813

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the 1/40th cost of a dishwasher and other items should have been included in the calculation of tenant's legal rent. The DHCR ruled for landlord in part. The DRA granted landlord a rent increase for the installation of a new bathtub, vanity, toilet, medicine cabinet, tiles, and six new windows in tenant's apartment. But landlord didn't submit a breakdown of costs for a new dishwasher and kitchen floor. So the DRA properly disallowed any rent increase for those items.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the 1/40th cost of a dishwasher and other items should have been included in the calculation of tenant's legal rent. The DHCR ruled for landlord in part. The DRA granted landlord a rent increase for the installation of a new bathtub, vanity, toilet, medicine cabinet, tiles, and six new windows in tenant's apartment. But landlord didn't submit a breakdown of costs for a new dishwasher and kitchen floor. So the DRA properly disallowed any rent increase for those items. The DRA also properly disallowed any increase for scraping, plastering, and painting, since these are maintenance and repair expenses.

Power: DHCR Adm. Rev. Dckt. No. KI410047RO (12/6/00) [6-pg. doc.]

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