More Proof of Apartment Improvements Needed

Tenant complained of a rent overcharge. Landlord claimed that it had renovated tenant's apartment before he moved in and submitted proof of costs totalling $25,000. The DRA ruled for tenant and ordered landlord to refund $4,800 including interest. The DRA ruled that tenant's legal monthly rent was $1,320. This included a rent increase of $487 for individual apartment improvements.
Tenant appealed and repeated his questions about the work done. Landlord claimed that the entire apartment was demolished. Tenant said that most of the rooms were simply painted, that new electrical lines weren't installed, that no permits were obtained from DOB for plumbing and electrical work, that floor tiles were placed over old unlevel floors, that costs were overstated, and that landlord and its contractor had the same address. The DHCR reopened the case and sent it back to the DRA for further investigation. Landlord and its contractor had the same address and telephone number. The DRA didn't examine this relationship and must do so. Although landlord claimed that the total cost was $25,000 and produced a check for this amount, its invoice totalled only $19,550. Also, some of the items claimed should have been disallowed as repairs. The DHCR inspection also had shown that some renovations had been done, but that molding and baseboards were missing in parts of the apartment. It also appeared from the inspector's photographs that much of the work was sloppy, incomplete, and defective.

Garcia: DHCR Adm. Rev. Docket No. WE410044RT (7/23/08) [3-pg. doc.]