Rent Increase for IAIs Based on Apartment Renovation

LVT Number: #30024

Rent-stabilized tenant complained of rent overcharge. The DRA found no rent overcharge. Tenant appealed and lost. Tenant claimed that landlord's individual apartment improvements (IAIs) should have been disallowed because they weren't performed. The DHCR ruled against tenant. A contractor's invoice set forth work to be completed. Landlord also documented payment for supplies. Granting the IAI rent increase for costs associated with an apartment-wide renovation was appropriate. The work wasn't done piecemeal, and wasn't simply repair and maintenance work.

Rent-stabilized tenant complained of rent overcharge. The DRA found no rent overcharge. Tenant appealed and lost. Tenant claimed that landlord's individual apartment improvements (IAIs) should have been disallowed because they weren't performed. The DHCR ruled against tenant. A contractor's invoice set forth work to be completed. Landlord also documented payment for supplies. Granting the IAI rent increase for costs associated with an apartment-wide renovation was appropriate. The work wasn't done piecemeal, and wasn't simply repair and maintenance work. Costs of painting and garbage removal were properly included because the apartment renovation was a larger project. 

McKillop/Kelly: DHCR Adm. Rev. Docket No. GN410035RT (1/31/19) [9-pg. doc.]

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