Landlord Sufficiently Proved IAIs

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that all rent increases were lawful and that tenant was properly vacancy deregulated. But the DRA also ruled that tenant remained rent stabilized pending the Court of Appeals ruling in the case of Altman v. 285 West Fourth Street LLC.

Tenant appealed and lost. Tenant challenged individual apartment improvements (IAIs) that the DRA approved. The DHCR noted that landlord submitted sufficient documentation of IAIs, including a signed contract, invoices, contractor affirmation, and proof of payment. Landlord submitted proof of work costing $28,000, and the DRA disallowed $7,195 based on ordinary maintenance and repair costs. The DRA also found no proof of any improper relationship between landlord and its contractor that would require further scrutiny of the IAIs.

Abdel-Khalek: DHCR Adm. Rev. Docket No. GN110009RT (10/23/18) [3-pg. doc.]