Landlord Proved Individual Apartment Improvements

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Calculation of tenant’s legal rent included a rent increase for individual apartment improvements costing $17,885. Tenant appealed and lost. Tenant claimed that the DRA permitted the cost of partition walls in calculating the rent, when none were installed. Tenant also argued that landlord’s contractor was unlicensed and that cancelled checks didn’t refer to tenant’s apartment number. Tenant incorrectly stated that landlord claimed any costs for partition walls. Landlord otherwise complied with DHCR Policy Statement 90-10. It didn’t matter whether landlord’s contractor was licensed. And landlord’s cancelled checks otherwise contained information sufficient to identify the work being paid for.

Dillon: DHCR Adm. Rev. Docket No. ZF210030RT (7/19/12) [2-pg. doc.]