Landlord Made Apartment Improvements Costing $30,000

Rent-stabilized tenant complained of a rent overcharge. His monthly rent was $1,493. Landlord claimed that it made individual apartment improvements before tenant moved in at a cost of $30,000. This allowed landlord to add $750 to tenant's monthly rent. The DRA ruled against tenant, finding no overcharge. Tenant appealed. Although landlord submitted copies to the DRA of a contractor's proposal and canceled checks proving the cost of the work, tenant claimed that these checks didn't specify which apartment the work was being done for. And tenant's contracting consultant said the work should have cost $13,700. Tenant also claimed that some installations listed by landlord's contractor--such as six-panel solid colonial doors, five-inch floor molding, new locks on all doors, new sliding track hardware for closet doors, and new hinges for the bathroom door--weren't installed in the apartment, and there was no new plumbing system.
The DHCR ruled against tenant. While landlord's checks didn't specify the apartment, its check registers did. Tenant's claim that the check registers can't be accepted as proof because in previous cases landlord submitted the same checks for multiple apartments wasn't raised before the DRA and couldn't be considered for the first time on appeal. Tenant submitted no proof that landlord's documentation was submitted for other apartments, and landlord wasn't required to obtain the lowest cost for the apartment improvements. Landlord adequately documented the nature and cost of the claimed work. And tenant's own consultant noted that items that tenant disputed were installed.

Shafir: DHCR Adm. Rev. Docket No. YC410054RT (7/21/10) [2-pg. doc.]