No Increase for Repair and Maintenance Items

November 1, 2003

LVT Number: 16967

Tenant complained of a rent overcharge. Landlord claimed that it had made individual apartment improvements costing over $16,000 before tenant moved in. The DRA ruled for tenant and disallowed $800 of landlord's claimed improvement costs. Landlord appealed and lost. The DRA disallowed $800 for a smoke alarm, storm door, light fixtures, lock cylinder, and air conditioner. Those items constitute ordinary maintenance and repair, and no 1/40th increase was permitted. In addition, landlord didn't properly document the costs of those items.

Tenant complained of a rent overcharge. Landlord claimed that it had made individual apartment improvements costing over $16,000 before tenant moved in. The DRA ruled for tenant and disallowed $800 of landlord's claimed improvement costs. Landlord appealed and lost. The DRA disallowed $800 for a smoke alarm, storm door, light fixtures, lock cylinder, and air conditioner. Those items constitute ordinary maintenance and repair, and no 1/40th increase was permitted. In addition, landlord didn't properly document the costs of those items.

Paulsen Real Estate Corp./Loeb: DHCR Adm. Rev. Dckt. Nos. RF710011RT & RF710020RO (9/8/03) [3-pg. doc.]

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