Proof of Claimed Individual Apartment Improvements Was Insufficient

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $682, including triple damages. Landlord appealed and lost. Although landlord had proved entitlement to a rent increase for individual apartment improvements (IAIs) based on installation of a new stove, the DRA disallowed an additional IAI increase for kitchen tile grout and a medicine cabinet since these were repair/maintenance items and not IAIs.

Landlord appealed and lost. Landlord argued that an additional IAI increase of $9 per month was warranted for the grouting included in a new kitchen floor installation and that a new medicine cabinet had been installed. But landlord's invoice for the grouting stated only, "tile/grout kitchen floor $272." This was insufficient proof of installation of a new kitchen floor and suggested the work consisted of only grouting an existing tile floor. The same invoice stated "install medicine cabinet $100." The installation of a medicine cabinet, without any other work in the bathroom, suggests that this was repair/maintenance work rather than an apartment improvement. Landlord also didn't produce any separate invoices showing purchase of floor tiles or the medicine cabinet.

Kaufman: DHCR Adm. Rev. Docket No. LV210025RO (1/16/24)[2-pg. document]