Signed Contract and Affidavit Proved Work Done

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a small overcharge. The DRA allowed landlord to collect a rent increase for improvements made to the apartment. Tenant appealed, claiming that the cost landlord claimed for the work was inflated. The DHCR ruled against tenant. Landlord needn't find the cheapest contractor to do the work but must prove that it paid the price claimed for the work done. Landlord met the proof requirements of DHCR Policy Statement 90-10 by submitting a copy of a signed contract and a sworn statement from the contractor indicating that the work was completed and that landlord had paid the full cost of $29,500. The fact that the canceled checks landlord submitted didn't specify the building or the apartment and were issued over a one-year period didn't indicate that the contractor wasn't paid.

Mahon: DHCR Adm. Rev. Dckt. No. KA410161RT (6/28/96) [4-page document]