Landlord's Documentation of Apartment Improvements Misleading

Tenant complained of a rent overcharge. Landlord claimed that there was no overcharge and submitted proof of apartment improvements made to the apartment before tenant moved in. The DRA disallowed some of landlord's claimed improvement costs and ruled for tenant, finding some overcharge. Tenant appealed, claiming that no increase should have been granted for 1/40th improvement costs. Tenant said that landlord's proof of its costs was fraudulent. The DHCR ruled for tenant. Landlord's proof didn't correspond to claimed improvements. The DRA had already disallowed a receipt for kitchen cabinets, finding that it was fraudulent. The work described in the building super's affidavit made no mention of claimed hallway renovations, there was no proof of electrical work that landlord claimed was done, photographs submitted by landlord were from another apartment, a submitted plumber's invoice was produced 11 months after tenant filed his complaint and included no proof of payment, and several Home Depot receipts were submitted on different dates with different descriptions. The Home Depot receipts also included items that couldn't possibly be for the apartment, such as three shower rods and four toilets. Tenant's initial rent was reduced from $800 to $704, and landlord was ordered to refund $7,500, including triple damages.

Das: DHCR Adm. Rev. Docket No. VE110051RT (9/13/07) [4-pg. doc.]