Landlord Submitted Sufficient Proof of Individual Apartment Improvements

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. The DRA found that the base date rent was legal and that landlord was entitled to a vacancy increase for tenant along with an increase for Individual Apartment Improvements (IAIs). Since landlord charged less than the legal rent on the base date, that became the legal rent, but there was no subsequent overcharge. Tenant claimed that IAIs weren’t done, but landlord submitted sufficient proof of the kitchen and bathroom work, including invoices and cancelled checks. Statements from former tenants concerning IAIs that tenant submitted with his PAR couldn’t be considered.

Rodriguez: DHCR Adm. Rev. Docket No. ER-210011-RT (11/21/16) [7-pg. doc.]