Landlord Proved Improvement Costs

Tenant filed a fair market rent appeal, challenging the initial rent-stabilized rent of her apartment. The DRA ruled for tenant and reduced the rent from $1,100 to $825. Tenant appealed, arguing that landlord hadn't proved all the 1/40th improvements claimed for the apartment and that landlord and contractor were related entities. The DHCR ruled against tenant. Landlord submitted a signed contractor's proposal, canceled checks contemporaneous with the completion of the work and a contractor's sworn statement, indicating that all work described in the contractor's proposal was completed and paid in full. Landlord didn't mislead the DHCR concerning its relationship with the contractor. A common interest between landlord and contractor didn't automatically disqualify any rent increase.

12th Realty Assocs./Marcus/Whalen: DHCR Adm. Rev. Dckt. Nos. JD410106RO, JD410098RT (1/24/97) [5-page document]