Refinished Apartment Floor Is Repair, Not Improvement

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge, including triple damages. Landlord appealed and lost. Among other things, landlord argued that the DRA incorrectly disallowed a 1/40th rent increase for apartment improvements. Landlord claimed that it refinished the floors in tenant's apartment before tenant moved in. But landlord didn't replace the wood flooring. Refinishing was merely a repair, not an individual apartment improvement. Claimed kitchen improvements also were properly disallowed because landlord submitted insufficient proof of the cost of the improvements.

Seven Hills Management, Inc.: DHCR Adm. Rev. Docket No. YL110021RO (5/20/11) [3-pg. doc.]