Proof of Improvements Insufficient

September 30, 2001

LVT Number: 15319

Tenant complained of a rent overcharge. The DRA ruled for tenant, found the overcharge was willful, and ordered landlord to refund $50,000. Landlord appealed, claiming that the DRA improperly disallowed a rent increase for certain apartment improvements. The DHCR ruled against landlord. Landlord's proof of improvements was insufficient. A number of checks landlord submitted didn't indicate which apartment number the payment was for or were made payable to landlord itself or the building super. Also, tenant denied improvements were made before he moved in.

Tenant complained of a rent overcharge. The DRA ruled for tenant, found the overcharge was willful, and ordered landlord to refund $50,000. Landlord appealed, claiming that the DRA improperly disallowed a rent increase for certain apartment improvements. The DHCR ruled against landlord. Landlord's proof of improvements was insufficient. A number of checks landlord submitted didn't indicate which apartment number the payment was for or were made payable to landlord itself or the building super. Also, tenant denied improvements were made before he moved in. And certain items that tenant admitted were installed were done after tenant moved in.

Lusia Realty Corp.: DHCR Adm. Rev. Dckt. No. PB210010RP (7/13/01) [3-pg. doc.]

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