Tub Reglazing and Smoke Detector Installation Weren't IAIs

After an IAI audit of tenant's apartment, the DHCR's Tenant Protection Unit (TPU) referred the matter to the DRA for processing of a rent overcharge complaint. The DRA disallowed a small portion of landlord's individual apartment improvements but found no overcharge based on the lack of tenant's rent payments. Landlord appealed and lost, claiming that the DRA incorrectly disallowed $6,600 in claimed IAI costs. The DHCR noted that the DRA reasonably determined that bathtub reglazing, installation of a smoke detector, and a drain cover were repairs and maintenance rather than IAIs. In addition, there was no indication that the landlord's general contractor installed those items, and they weren't observed by the DHCR's inspector when he visited the apartment. 

NBZ 3rd Avenue LLC: DHCR Adm. Rev. Docket No. MR410023RO (9/18/24)[2-pg. document]