Tenant's Estimates Disregarded

(Decision submitted by Martin Shulman of the Manhattan law firm of Shaw & Binder, attorneys for the landlord.) Tenant complained of a rent overcharge. He claimed that landlord's renovation costs for the kitchen and bathroom were too high. Landlord submitted bills and cancelled checks totalling $21,750. The DRA dismissed tenant's complaint, allowing all of landlord's costs toward a 1/40th rent increase and finding no overcharge. Tenant appealed, estimating that the cost of the work done should have been $10,000 less than landlord claimed. The DHCR found that it wasn't clear whether tenant's estimates represented equivalent items. And landlord's invoices and cancelled checks were sufficient proof of the cost of the apartment improvements. Landlord's costs were upheld.

[Goldenberg: DHCR Adm. Rev. Dckt. No. FB 410043-RT (2/4/93)]. 8-page document.