Plumbing Work

April 1, 2005

LVT Number: 18015

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,400. This included triple damages for willful rent overcharge. Tenant appealed, claiming that the DRA improperly granted a 1/40th rent increase for plumbing work claimed by landlord. The DHCR ruled against tenant. Landlord proved that the work was done just before tenant moved into the apartment. He submitted a cancelled check, an invoice, and a contractor affidavit, showing he spent $2,200 to install a new hot and cold water riser and new branches inside the kitchen wall.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,400. This included triple damages for willful rent overcharge. Tenant appealed, claiming that the DRA improperly granted a 1/40th rent increase for plumbing work claimed by landlord. The DHCR ruled against tenant. Landlord proved that the work was done just before tenant moved into the apartment. He submitted a cancelled check, an invoice, and a contractor affidavit, showing he spent $2,200 to install a new hot and cold water riser and new branches inside the kitchen wall. This wasn't repair and maintenance work, and didn't benefit any other apartment. The DRA properly granted the rent increase.

Dorfman: DHCR Adm. Rev. Dckt. No. SL210054RT (2/4/05) [2-pg. doc.]

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