Triple Damages Applied Where Individual Apartment Improvements Were Disproved

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered a refund with triple damages. Landlord appealed and lost. The DRA properly granted a rent increase for individual apartment improvements (IAIs) in the amount of $5,410 only, despite landlord's submission of payment totalling $9,300. Despite the DRA's request, landlord failed to submit proof of payment to the contractor for the work completed, and submitted a duplicate invoice showing that a sink installation was done in both 2009 and 2012. The DHCR's inspection report also stated that the wood floor didn't appear to have been gutted in 2012 as claimed since the flooring felt loose in various parts of the apartment. Some of the kitchen cabinets landlord claimed were installed in 2012 also appeared older. Triple damages were warranted based on the inspection report as well as the identity of interest between landlord and its contractor, who was a tenant of landlord's. 

Kisselev Assets LLC: DHCR Adm. Rev. Docket No. EX210056RO (9/7/17) [5-pg. doc.]