Work Done Before Tenant Moved in

Tenant complained of a rent overcharge. The DRA ruled against tenant. Landlord had performed individual apartment improvements before tenant moved in that resulted in permissible rent increases. Tenant appealed, claiming that, since the check used to pay for the improvement was dated on the same day that she moved into the apartment, landlord was required to have her written permission to collect the 1/40th rent increase. The DHCR ruled against tenant. Landlord documented that the work was done before tenant moved in. The fact that landlord paid for the work on the day tenant moved in didn't mean that tenant's permission was required to charge the 1/40th increase.

Slote: DHCR Adm. Rev. Dckt. No. NJ410045RT (2/14/01) [2-pg. doc.]