Base Rent of Loft Unit Increased

February 1, 2000

LVT Number: 13839

The Loft Board found that the base rent of tenant's loft unit was $1,550 per month. Tenant appealed, claiming that the base rent was $1,100. The court ruled against tenant. The Loft Board's finding was supported by substantial proof. The lease in effect on Dec. 21, 1982, called for a monthly rent of $1,550. The lease also gave tenant a monthly construction allowance of $450. But this was clearly meant as a temporary reimbursement and wasn't intended to be a permanent reduction of the base rent.

The Loft Board found that the base rent of tenant's loft unit was $1,550 per month. Tenant appealed, claiming that the base rent was $1,100. The court ruled against tenant. The Loft Board's finding was supported by substantial proof. The lease in effect on Dec. 21, 1982, called for a monthly rent of $1,550. The lease also gave tenant a monthly construction allowance of $450. But this was clearly meant as a temporary reimbursement and wasn't intended to be a permanent reduction of the base rent.

Nagourney v. Batista: NYLJ 1/31/00, p. 27, col. 3 (App. Div.1 Dept.; Rosenberger, JP, Williams, Lerner, Andrias, Friedman, JJ)

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