Tenant Proved that Claimed Work Wasn't Done

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that the DHCR improperly disallowed a 1/40th rent increase for apartment improvements made before tenant moved in. The court and appeals court ruled against landlord. The DHCR had held a hearing on the issue. Tenant and four witnesses---an architect, plumber, electrician, and carpenter---all testified that no plumbing or rewiring work was done in areas other than the kitchen and that the painting, plastering, and demolition were largely routine, and so, not a basis for a 1/40th increase. The DHCR's decision was reasonably based on the record.

201 E. 81st St. Assocs. v. DHCR: NYLJ, 11/19/01, p. 23, col. 6 (App. Div.1 Dept.; Rosenberger, JP, Williams, Ellerin, Buckley, Marlow, JJ)