Landlord Proved Cost of Individual Apartment Improvements

Rent-stabilized tenant complained of a rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant claimed that the DRA improperly granted landlord a rent increase for individual apartment improvements. Tenant said that the work that was done before she moved in was only routine repair work. But tenant only complained to the DRA that landlord failed to document the cost of the work. She didn't deny it was done. Landlord submitted an itemized contractor's invoice for $13,500, which was stamped "paid Apr. 11 2006 by #682." The invoice described the construction and installations performed in the apartment, including the demolition of old kitchen cabinets; removal of debris and the shoring up of walls; supply and installation of new kitchen cabinets and countertops, new kitchen sink, faucet, and plumbing; new stove and refrigerator; and a new kitchen floor. Landlord also submitted a canceled check numbered 682 dated April 11, 2006, made payable to the contractor in the amount of $13,500. Landlord was required by the DHCR to submit at least one piece of adequate documentation, and had submitted two.

80 Clarkson Avenue: DHCR Adm. Rev. Docket No. XC201120RT (5/29/09) [3-pg. doc.]