Plaster and Repair Work Considered Ordinary Maintenance and Repair

April 30, 2003

LVT Number: 16536

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $15,000, including triple damages. In calculating the legal rent, the DRA disallowed 1/40th improvement costs claimed by landlord. Landlord appealed and lost. The work landlord did consisted of plastering and painting a bedroom, hallway, living room, and kitchen, as well as scraping and refinishing of wood floors and fixing an entrance door. All of this work is repair and maintenance work and doesn't qualify as individual apartment improvements.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $15,000, including triple damages. In calculating the legal rent, the DRA disallowed 1/40th improvement costs claimed by landlord. Landlord appealed and lost. The work landlord did consisted of plastering and painting a bedroom, hallway, living room, and kitchen, as well as scraping and refinishing of wood floors and fixing an entrance door. All of this work is repair and maintenance work and doesn't qualify as individual apartment improvements.

Andrews: DHCR Adm. Rev. Dckt. No. QH210054RO (3/27/03) [3-pg. doc.]

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