Landlord Proved Apartment Improvement Costs

Tenant filed a fair market rent appeal, claiming that the first rent-stabilized rent for his apartment was too high. The DRA ruled against tenant. Landlord charged tenant $1,775, and the fair market rent was $1,804. Tenant appealed and lost. The fair market rent included a rent increase of $414, based on individual apartment improvement costs totaling over $16,500. Tenant claimed that landlord hadn't proved the costs. The DHCR disagreed. The DHCR's Fact Sheet #12 states that improvement costs can be proved by canceled contemporaneous checks, an invoice receipt marked "paid in full," a signed contract agreement, or a contractor's affidavit indicating that the work was done and paid in full. Landlord submitted to the DRA copies of a contractor's sworn statement confirming the work done and paid for, a copy of the contractor's proposal that provided a specific breakdown of costs, and canceled checks paid at the time the work was completed. Although tenant argued that the proposal wasn't a receipt, it was sufficient proof when combined with the contractor's sworn statement.

110 Seaman Avenue: DHCR Adm. Rev. Docket No. XA410023RT (5/1/09) [3-pg. doc.]