Cost of Improvements Insufficient to Deregulate Apartment

Tenant sued landlord for rent overcharge. She also claimed that she was entitled to a rent-stabilized lease. Tenant asked the court to rule in her favor without a trial. The court ruled against tenant, who appealed and won. To increase the prior rent-stabilized rent enough to result in vacancy deregulation before tenant moved in, landlord would have had to spend over $53,000 on individual apartment improvements. But the invoices of landlord's contractors showed only $33,000 worth of renovations. Landlord's employee claimed that more than $55,000 was spent, but the employee didn't have personal knowledge of the facts, and there was no additional proof--such as vendor affidavits--to support her claim. Tenant was subject to rent stabilization and entitled to a stabilized lease.

Chekowsky v. Windemere Owners, LLC: Docket No. 11780N, NYLJ No. 1202643875434, 2014 NY Slip Op 1139 (App. Div. 1 Dept.; 2/20/14; Mazzarelli, JP, Andrias, DeGrasse, Clark, JJ)