No Triple Damages Where Landlord Didn't Prove Improvement Costs

Tenant complained of a rent overcharge. The DRA ruled for tenant because landlord couldn't prove the cost of a number of improvements made to tenant's apartment. The DRA also ruled that the overcharge was willful and assessed triple damages. Landlord appealed, claiming there was no willful overcharge. The DHCR ruled for landlord. Rent increases disallowed because expenditures aren't fully substantiated aren't subject to triple damages. Some of landlord's improvement documents didn't specify that the work was for tenant's apartment and some invoices didn't include a vendor's name and address. Also, the amounts specified in construction proposals didn't coincide with amounts allegedly spent and there was no explanation for the difference. But some of the improvement costs were substantiated and tenant never denied that the improvements were made.

Leslie: DHCR Adm. Rev. Dckt. Nos. IK210013RP; GB210189R) (1/27/95) [3-page document]