Landlord Proved Cost of Improvement

February 1, 2003

LVT Number: 16405

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $72,000, including triple damages. Landlord appealed. Landlord had submitted to the DRA proof of the cost of 1/40th improvements made to the apartment before tenant moved in. The DRA didn't use this information in calculating tenant's legal rent. The DHCR ruled for landlord in part. The cost of improvements totaling $17,000 was used to recalculate the legal rent. Landlord still collected from tenant more than the legal rent, and there was no proof that this wasn't willful.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $72,000, including triple damages. Landlord appealed. Landlord had submitted to the DRA proof of the cost of 1/40th improvements made to the apartment before tenant moved in. The DRA didn't use this information in calculating tenant's legal rent. The DHCR ruled for landlord in part. The cost of improvements totaling $17,000 was used to recalculate the legal rent. Landlord still collected from tenant more than the legal rent, and there was no proof that this wasn't willful. So the triple damages remained, but the total overcharge was reduced to $39,000.

Beachlane Mgmt.: DHCR Admin. Rev. Dckt. NO. PL410011RO (11/26/02) [4-pg. doc.]

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