Proof of Individual Apartment Improvements Insufficient

LVT Number: #26285

Rent-stabilized tenant complained of rent overcharge. She said her 2008 vacancy rent of $1,085 exceeded the legal regulated rent. The DRA ruled for tenant and ordered landlord to refund $36,695, including triple damages. The prior tenant’s rent was $651. Landlord was entitled to a vacancy increase and longevity increase but submitted insufficient proof of claimed individual apartment improvements.

Rent-stabilized tenant complained of rent overcharge. She said her 2008 vacancy rent of $1,085 exceeded the legal regulated rent. The DRA ruled for tenant and ordered landlord to refund $36,695, including triple damages. The prior tenant’s rent was $651. Landlord was entitled to a vacancy increase and longevity increase but submitted insufficient proof of claimed individual apartment improvements. Landlord appealed and lost. Landlord didn’t submit any cancelled checks for the work performed. A summary of charges from the appliance company and the contractor was insufficient. Invoices submitted by landlord weren’t marked paid in full, and an affidavit submitted from the contractor didn’t state how much he was paid. 

 

 

 
45 Terrace Realty Associates: DHCR Adm. Rev. Docket No. BU410016RO (5/18/15) [4-pg. doc.]

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