Water Damage Repairs Weren't Apartment Improvements

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and imposed triple damages. Landlord appealed and lost. Landlord claimed that he made repairs and replaced equipment in tenant's apartment for which he could collect rent increases. But Rent Stabilization Code Section 2522.4(a)(1) permits a rent increase only where there has been a substantial increase in dwelling space or the installation of new equipment or improvements. Landlord's repairs relating to water damage didn't qualify as 1/40th improvements. And landlord didn't show he'd gotten written consent from tenant to charge a rent increase.

Avemm Corp.: DHCR Adm. Rev. Docket No. XL210047RO (7/9/10) [3-pg. doc.]