No Rent Hike for Repairs

June 30, 1997

LVT Number: 11601

Tenant complained of a rent overcharge. Landlord claimed it made improvements to the apartment warranting 1/40th rent increases. The DHCR ruled that landlord collected a willful rent overcharge. Landlord appealed. The court and appeals court ruled against landlord. The work that landlord claimed was ``improvements'' included painting, skim coating, partial floor replacement, and rewiring---and only qualified as repair and maintenance. No rent increase was permitted for this work. And the DHCR's finding that the overcharge was willful was reasonable.

Tenant complained of a rent overcharge. Landlord claimed it made improvements to the apartment warranting 1/40th rent increases. The DHCR ruled that landlord collected a willful rent overcharge. Landlord appealed. The court and appeals court ruled against landlord. The work that landlord claimed was ``improvements'' included painting, skim coating, partial floor replacement, and rewiring---and only qualified as repair and maintenance. No rent increase was permitted for this work. And the DHCR's finding that the overcharge was willful was reasonable.

Mayfair York Co. v. DHCR: NYLJ, p. 26, col. 2 (6/5/97) (App. Div. 1 Dept.; Sullivan, JP, Milonas, Wallach, Tom, Mazzarelli, JJ)

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