Non-Itemized Bill Doesn't Prove Improvements

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed. Prior tenant's rent was $400 per month when landlord bought the building. Landlord then charged tenant $800 after prior tenant moved out. Landlord claimed that it made 1/40th apartment improvements. But landlord submitted insufficient proof of improvements. Landlord submitted only a one-page proposal or bill, listing windows, apartment door, Sheetrock, kitchen sink, base cabinet and counter, kitchen wall tile, carpeting, and electrical outlets and switches. The bill wasn't itemized. In addition, many of the costs listed were repair costs for which no 1/40th increase was permitted. Since it couldn't be determined which costs were for which item, the DHCR disallowed the entire claimed cost. Landlord was ordered to refund $16,000 to tenant.

Hannays: DHCR Adm. Rev. Dckt. No. SJ210058RT (4/6/05) [5-pg. doc.]