Landlord's Proof Insufficient

LVT Number: 15795

Tenant complained of a rent overcharge. Landlord claimed that individual apartment improvements were made before tenant moved in. The DRA allowed some rent increase for the improvements but ruled for tenant, finding a rent overcharge. Landlord appealed and lost. The costs claimed for ''material'' couldn't be included in a 1/40th increase. And checks made payable to Home Depot contained no notation of an address or any indication as to what they were for. Landlord submitted no other documentation, such as invoices or bills, to explain those costs. So the DRA properly disallowed them.

Tenant complained of a rent overcharge. Landlord claimed that individual apartment improvements were made before tenant moved in. The DRA allowed some rent increase for the improvements but ruled for tenant, finding a rent overcharge. Landlord appealed and lost. The costs claimed for ''material'' couldn't be included in a 1/40th increase. And checks made payable to Home Depot contained no notation of an address or any indication as to what they were for. Landlord submitted no other documentation, such as invoices or bills, to explain those costs. So the DRA properly disallowed them.

548 W. 148th St. Assocs., LLC: DHCR Admin. Rev. Dckt. No. PK410018RO (3/27/02) [8-pg. doc.]

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