No 1/40th Increase for Apartment Repairs

Tenant complained of a rent overcharge. Landlord claimed it had made improvements and was entitled to a 1/40th rent increase. The DRA ruled for tenant and disallowed part of landlord's improvement costs. The DRA ordered landlord to refund $20,000, including triple damages. Landlord appealed and lost. The DHCR said the DRA had correctly disallowed any rent increase for plastering and painting the apartment, subflooring and floor joists in the kitchen, and exterior brick joints on the apartment's exterior. These items were normal maintenance and repair work, and didn't qualify for 1/40th improvement increases.

Fisher Assocs.: DHCR Adm. Rev. Docket No. UH210045RO (9/29/06) [3-pg. doc.]