Prior Tenant Paid for Work

Tenant complained of a rent overcharge. Landlord claimed that the apartment had been totally renovated, warranting a rent increase. The DRA ruled for tenant and disallowed a rent increase for the improvements. The DRA also awarded tenant triple damages. Landlord appealed, arguing that a prior tenant had paid for the improvements and ''gifted'' them to landlord when he moved out. The DHCR ruled for tenant. Landlords can't collect rent increases for work paid for by someone else. The DHCR also upheld the triple damages award because landlord knew someone else had paid for the renovations, and collected a rent increase anyway.

Pretino: DHCR Adm. Rev. Dckt. No. IB 510010-RP (5/27/94) [7-page document]