No Proof Landlord Paid Super More Than Regular Salary

Tenant complained of a rent overcharge. Landlord claimed that it made individual apartment improvements before tenant moved into the apartment. The DRA ruled for tenant and disallowed landlord's proof of improvements. The total overcharge refund ordered was $6,400 with triple damages and interest. Landlord appealed, claiming that the DRA incorrectly disallowed its improvement costs. The DHCR ruled against landlord. Landlord had submitted to the DRA proof of payment to its building super for the labor in connection with the improvements. But landlord never responded to the DRA's request for further information to prove that the money paid to the building super wasn't his regular salary but was for work outside the scope of his regular employment. Landlord submitted some additional documents about payment to the super with its PAR, but it was too late to consider this proof. In addition, the DRA properly disallowed costs for paint material, polyurethane, and faucet parts, because these items are associated with routine repairs and maintenance.

855 Ocean Avenue LLC: DHCR Adm. Rev. Docket No. VF210043RO (12/11/07) [3-pg. doc.]