Prior Tenant Removed Kitchen Island

Tenant complained of a rent overcharge. The DRA ruled for tenant. While landlord claimed that it had spent $11,000 on an apartment improvement installed before prior tenant moved in, tenant showed that the improvement, a kitchen island, had been removed by prior tenant. So the DRA reduced tenant's rent by $55 per month, since the 1/40th improvement was no longer there. Landlord appealed, claiming that this was a required service issue, not an overcharge issue. The DHCR ruled for landlord. Once landlord installed the 1/40th improvement, that rent increase became a permanent part of the rent. If landlord no longer provided the service upon which the rent increase was based, tenant's remedy was to file a reduction in service complaint. There was no rent overcharge.

200 Clinton Realty Corp./Lowy: DHCR Adm. Rev. Dckt. Nos. NC210055RO and NC210139RT (3/20/01) [3-pg. doc.]