No Overcharge Found by Rent Administrator in Case Referred by TPU

The DHCR's Tenant Protection Unit (TPU) audited individual apartment improvements (IAIs) performed in tenant's apartment and found that some of landlord's claimed IAIs were actually repairs. Landlord claimed that it spent $28,300 on IAIs, but the TPU worksheet found that only $18,240 was spent. Landlord disagreed, and the TPU sent the case to the DRA, claiming there was a rent overcharge. The DRA found no rent overcharge. Tenant appealed and lost. The DRA properly found that all but $350 claimed by landlord was attributable to qualifying IAIs for bathroom, kitchen, living room, and bedroom renovation. The TPU had disallowed certain renovation costs because TPU didn't have a breakdown of these costs. The DRA properly asked landlord for a breakdown, which landlord provided. [Download PDF of decision here.]

Warmflash/Bennett: DHCR Adm. Rev. Docket No. ES210051RT (3/16/17) [4-pg. doc.]