No IAI Rent Increase Permitted for Refinishing Bathtub

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and disallowed some individual apartment improvement (IAI) increases collected by landlord. Landlord appealed and lost. The DRA correctly excluded from approved IAIs the cost of refinishing the apartment's existing bathtub. This was an ordinary maintenance and repair expense. The DRA also properly disallowed work done by the building super because landlord didn't show that landlord's payment to the super for this work was separate and apart from his normal pay, or that the work was in addition to and separate from his normal work.

2246 Holding Corp.: DHCR Adm. Rev. Docket No. HQ410010RO (12/20/19) [2-pg. doc.]