No Rent Hike Allowed for Repair Work

Tenant complained of a rent overcharge. Landlord claimed that he made apartment improvements before tenant moved in, costing about $13,000. The DRA disallowed some of landlord's claimed costs and found that there was a willful rent overcharge. The DRA ruled for tenant and ordered landlord to refund $27,000, including triple damages. Landlord appealed and lost. The DRA properly disallowed any rent hike for the installation of Sheetrock, plastering, and painting because that work constituted ordinary repair and maintenance. The DRA also properly disallowed any increase for the cost of materials because landlord submitted only general estimates of the costs. It didn't document the costs of materials that were actually used or installed in the apartment. And most of the listed items were supplies for which no rent hike was allowed.

St. Nicholas 184 Holding, LLC: DHCR Adm. Rev. Docket No. VI410025RO (2/14/08) [3-pg. doc.]