Landlord Performed Claimed Apartment Improvements

Tenant complained to the DHCR of rent overcharge, claiming that his apartment had been improperly deregulated. The DHCR ruled against tenant, who then filed an Article 78 court appeal. Tenant claimed that the DHCR arbitrarily and unreasonably approved landlord's claimed rent increase based on individual apartment improvements (IAIs).

The court ruled against tenant. The DHCR's ruling was supported by its agency inspection, which verified landlord's gut renovation work to the four-bedroom apartment. Landlord claimed that he paid $50,060 for the work, done during several months in 2012. Landlord submitted a sworn statement that he signed a contract with the prior building owner to perform demolition and removal of floors, and removal and replacement of Sheetrock, plumbing fixtures, electrical fixtures, and doors. He stated that he provided all labor and materials to perform the renovations, which included new bathroom and kitchen appliances and fixtures, as well as closets and flooring throughout. Landlord also submitted a sworn statement from prior landlord's agent along with copies of plans and permit applications submitted to DOB. Landlord's description of the work performed matched the findings by the DHCR's inspector.

Caceras v. DHCR: 2019 NY Slip Op 33684(U), Index No. 152531/19 (Sup. Ct. NY; 12/18/19; Kotler, J)