No Rent Increase for Sheetrock Work

Tenant complained of a rent overcharge. Landlord claimed that it had made improvements to tenant's apartment before she moved in, which warranted a "1/40th" rent increase. The DRA ruled against tenant. She appealed, pointing out that landlord claimed a cost of $3,500 for new Sheetrock installed throughout the bathroom. But HPD issued a violation to landlord based on lead paint found in the bathroom after the work supposedly was done. The DHCR asked landlord for an explanation of this inconsistency. Landlord claimed that some of the $3,500 might have been for other work in the bathroom but provided no cost breakdown or other information. The DHCR ruled for tenant, and disallowed that portion of the 1/40th increase apportioned to the Sheetrock. Landlord was ordered to refund $2,600 to tenant, including triple damages.

Tejeda: DHCR Adm. Rev. Docket No. VE410005RP (7/30/07) [5-pg. doc.]