Landlord Proved $32,000 Cost for Apartment Renovations

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant and dismissed the complaint. The DRA included an $800 rent increase for individual apartment improvements in its calculation of the legal rent. Tenant appealed, arguing that some of the work claimed by landlord wasn't done and that it cost less than the $32,000 that landlord claimed. The DHCR ruled against tenant. Landlord submitted copies of canceled checks and a sworn statement from its contractor showing that landlord paid the amount claimed for the apartment renovations. A DHCR inspection confirmed that the claimed improvements were made. And even if the DHCR disallowed $6,600 of disputed costs, there was still no overcharge.

Spinell: DHCR Adm. Rev. Dckt. No. RJ410074RT (12/22/03) [2-pg. doc.]