Tub Reglazing and Wood Floor Refinishing Disallowed from IAI Costs

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total rent overcharge of $22. Tenant appealed and lost. Tenant disputed a number of individual apartment improvements (IAIs) that landlord claimed a rent increase for. The DRA denied any increase for tub reglazing and wood floor refinishing, since these items were repairs. But landlord otherwise submitted sufficient proof of IAIs, including contractor invoices and cancelled checks. Landlord wasn't required to use licensed contractors or obtain work permits, and landlord wasn't required to use the lowest cost estimate or supplies for the work. The permissible IAIs also were verified by DHCR inspection. The failure to include a rent stabilization rider in tenant's initial lease didn't bar landlord from charging a rent increase for IAIs otherwise proved. And the rent need not be frozen at the last validly registered rent, because the case didn't involve landlord fraud or use of the default rent formula. 

Rodriguez: DHCR Adm. Rev. Docket No. GO210031RT (2/4/19) [7-pg. doc.]