Landlord Proved Payment for IAIs

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant questioned the rent increase for individual apartment improvements (IAIs) done in 2016. The DRA found no overcharge, that the base rent date was four years before the complaint was filed, and that landlord proved IAIs totalling $12,387. The DRA disallowed $2,000 for sanding, painting, and polyurethane since these items were normal maintenance and/or repairs. Tenant appealed, and the DHCR sent the case back for reconsideration in December 2019, based on enactment of HSTPA in June 2019. But after New York's highest court revoked some rent overcharge provision changes in the April 2020 Regina v. DHCR decision, the DHCR found no grounds to change the DRA's decision. Landlord provided sufficient proof of its IAIs. 

Faulknor: DHCR Adm. Rev. Docket No. IS910004RK (5/26/21) [5-pg. doc.]