No Increase for Repair Work

November 1, 2003

LVT Number: 16932

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding an overcharge of $860. Landlord appealed, claiming that it made apartment improvements before tenant moved in and that the DRA didn't include 1/40th of the cost of the improvements in its calculation of the legal rent. The DHCR ruled against landlord. Landlord repaired tile around the bathtub and walls around a window in the bedroom. Landlord also installed new window glass throughout the apartment but not new windows. This was all repair work, not improvements, and didn't qualify for any rent increase.

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding an overcharge of $860. Landlord appealed, claiming that it made apartment improvements before tenant moved in and that the DRA didn't include 1/40th of the cost of the improvements in its calculation of the legal rent. The DHCR ruled against landlord. Landlord repaired tile around the bathtub and walls around a window in the bedroom. Landlord also installed new window glass throughout the apartment but not new windows. This was all repair work, not improvements, and didn't qualify for any rent increase.

Lipshitz & Vogel: DHCR Adm. Rev. Dckt. No. RF410069RO (10/9/03) [2-pg. doc.]

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