Removal of Loft Bed

LVT Number: 15457

Tenant complained of a rent overcharge. Landlord submitted proof of 1/40th improvements made to the apartment before tenant moved in. The DRA ruled against tenant, finding no overcharge. Tenant appealed, disputing some of landlord's claimed apartment improvements. The DHCR ruled for tenant in part. Sanding and finishing of floors didn't qualify as an apartment improvement, and the cost was removed from the 1/40th calculation. But landlord's removal of a loft bed was an apartment improvement because the apartment's interior space was increased.

Tenant complained of a rent overcharge. Landlord submitted proof of 1/40th improvements made to the apartment before tenant moved in. The DRA ruled against tenant, finding no overcharge. Tenant appealed, disputing some of landlord's claimed apartment improvements. The DHCR ruled for tenant in part. Sanding and finishing of floors didn't qualify as an apartment improvement, and the cost was removed from the 1/40th calculation. But landlord's removal of a loft bed was an apartment improvement because the apartment's interior space was increased.

Rawlins: DHCR Admin. Rev. Dckt. No. NI410002RT (10/5/01) [3-pg. doc.]

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