Landlord Payments for IAIs May Have Been Applied Incorrectly

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and won in part. The DRA incorrectly determined that the base date for tenant's complaint was six years before filing in February 2019. The Court of Appeals April 2020 decision in Regina Metropolitan v. DHCR disallowed retroactive application of HSTPA changes to the overcharge lookback period. However, this didn't change the result. But two checks landlord submitted in support of its claimed individual apartment improvement (IAI) costs had handwritten notations in the memo section listing a different building owned by landlord. The DRA needed to clarify whether these checks applied to IAIs done for tenant's apartment. The case was sent back to the DRA for further processing.

Elkin: DHCR Adm. Rev. Docket No. IQ410001RT (9/16/20) [3-pg. doc.]