Landlord Proved Cost of Closet Installation

Tenant complained of a rent overcharge. Landlord claimed that it performed apartment improvements costing $30,000 before tenant moved into the apartment. The DRA allowed some rent increase for apartment improvements but found landlord's proof insufficient and disallowed certain items. The DRA ruled for landlord and ordered landlord to refund $29,000. Landlord appealed. The DHCR ruled for landlord in part. There were inconsistencies and misrepresentations in connection with the work done by landlord's contractor that warrant disallowing the entire claimed cost. But evidence submitted by landlord from a closet company, which included a signed proposal and contract specifications for the closets and canceled checks paid to the contractor, was sufficient to document that work and a rent increase was granted. The total amount of the overcharge was reduced to under $27,000.

PWV Acquisition, LLC: DHCR Adm. Rev. Docket No. VF410040RO (9/6/07) [5-pg. doc.]