Super's Work Performed Outside Normal Duties

April 1, 2004

LVT Number: 17241

Tenant filed a fair market rent appeal. The DHCR ruled for tenant. Tenant appealed, claiming that the DHCR awarded landlord an improper rent increase for 1/40th improvements made before tenant moved in. Tenant claimed that no increase should be granted for $5,500 paid to the building super. The court ruled against tenant. The DHCR's decision was reasonable. Landlord proved that the super performed the work outside the course of his normal duties. In that case, landlord can charge an individual apartment increase for the super's work.

Tenant filed a fair market rent appeal. The DHCR ruled for tenant. Tenant appealed, claiming that the DHCR awarded landlord an improper rent increase for 1/40th improvements made before tenant moved in. Tenant claimed that no increase should be granted for $5,500 paid to the building super. The court ruled against tenant. The DHCR's decision was reasonable. Landlord proved that the super performed the work outside the course of his normal duties. In that case, landlord can charge an individual apartment increase for the super's work.

Hufnagil v. DHCR: NYLJ, 3/31/04, p. 21, col. 1 (Sup. Ct. NY; Schlesinger, J)

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