Removal of Old Furniture Doesn't Qualify

LVT Number: 10049

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA didn't calculate enough of a rent increase due for improvements made to the apartment before tenant moved. The DHCR found that landlord was entitled to rent increase for 1/40th of $3,900 spent on bathroom renovations, kitchen and bathroom plumbing, new kitchen sink basin, and new oak floors in the living room and bedroom. But landlord wasn't entitled to a rent increase for the removal and disposal of old carpeting, old furniture, broken cabinets, and wood floor planks.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA didn't calculate enough of a rent increase due for improvements made to the apartment before tenant moved. The DHCR found that landlord was entitled to rent increase for 1/40th of $3,900 spent on bathroom renovations, kitchen and bathroom plumbing, new kitchen sink basin, and new oak floors in the living room and bedroom. But landlord wasn't entitled to a rent increase for the removal and disposal of old carpeting, old furniture, broken cabinets, and wood floor planks. This was ordinary maintenance work.

Mary Pat Realty Corp.: DHCR Adm. Rev. Dckt. No. FL 510229 RO (6/9/95) [5-page document]

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