Same Kitchen Renovation Work Done Two Years Earlier

LVT Number: 15315

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA improperly disallowed a rent increase for apartment improvements done before tenant moved in. The DHCR ruled against landlord. The DRA had granted landlord a rent increase for $20,000 in improvements. But the DRA had properly disallowed a rent increase based on the same type of kitchen renovation work as had been done two years earlier. The useful life of the prior work was at least 10 years, and landlord couldn't get an additional rent increase after such a short period of time.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA improperly disallowed a rent increase for apartment improvements done before tenant moved in. The DHCR ruled against landlord. The DRA had granted landlord a rent increase for $20,000 in improvements. But the DRA had properly disallowed a rent increase based on the same type of kitchen renovation work as had been done two years earlier. The useful life of the prior work was at least 10 years, and landlord couldn't get an additional rent increase after such a short period of time.

Samrose Mgmt. Corp.: DHCR Admin. Rev. Dckt. No. PG410003RP (8/2/01) [5-pg. doc.]

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