Landlord Proved Cost of Kitchen and Bathroom Renovations

Tenants complained of a rent overcharge. The DRA ruled for tenants, finding some overcharge. But the DRA found that landlord could collect a 1/40th rent increase from tenants based on apartment improvements costing over $21,000. Tenants appealed, claiming that landlord's claimed costs were excessive, and that the checks and invoices submitted by landlord were inconsistent. The DHCR ruled against tenants. Landlord proved the cost of bathroom and kitchen renovations done to the apartment before tenants moved in. The invoice for the work was straightforward and formally sufficient. Tenants complained that landlord's issuance of two consecutive checks on the same day to the same vendor indicated that the payments were for separate apartments. But landlord wouldn't have had to issue separate checks for different apartments to prove improvement costs as long as the invoices were in order. Landlord's documents showed that the amount paid was for the work listed in the kitchen and bathroom.

Taylor & Gordon: DHCR Adm. Rev. Docket No. VI110013RT (11/28/07) [3-pg. doc.]