Landlord Proved Individual Apartment Improvements Warranting Rent Hike

Tenant filed a fair market rent appeal. The DRA ruled against tenant. Since tenant wasn’t the first rent-stabilized tenant after the rent-controlled tenant vacated, the DRA processed the complaint as a rent overcharge complaint. Landlord showed it was entitled to increase the prior tenant’s rent by vacancy increases and individual apartment improvement (IAI) increases and that there was no rent overcharge. Tenant appealed and lost. Landlord submitted invoices and cancelled checks bearing the apartment number, and all the work constituted improvements rather than repairs or maintenance. Landlord submitted sufficient documentary evidence of the IAI. The DRA also had no expertise whether landlord required permits for any of the work done at the apartment, and tenant submitted no proof that the work violated any law.

Arguedas: DHCR Adm. Rev. Docket No. DP410013RT (12/17/15) [5-pg. doc.]