Landlord Submitted Insufficient Proof of Apartment Improvements

Rent-stabilized tenant complained of a rent overcharge. The DHCR ruled for tenant and imposed triple damages. Landlord filed an Article 78 petition, claiming the DHCR's willful overcharge finding was unreasonable. The court ruled for landlord and ordered the DHCR to reconsider the case. The DHCR and tenant appealed and won. Landlord had claimed that she did a gut renovation of the apartment before tenant moved in. She submitted receipts, invoices, and copies of the fronts of checks. But the documents submitted were insufficient, and landlord was required to submit a breakdown of claimed expenses so that the DHCR could determine what was renovation and what was repairs. Landlord failed to provide the additional documentation in response to the DHCR's request. So the DHCR reasonably found a willful rent overcharge.

Acevedo v. DHCR: NYLJ, 11/16/09, p. 31, col. 6 (App. Div. 2 Dept.; Skelos, JP, Florio, Balkin, Leventhal, JJ)