Court Disallows Claimed Costs, Imposes Triple Damages

May 31, 2008

LVT Number: #20445

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for tenant and found that the overcharge was willful. Landlord claimed that it had made apartment improvements before tenant moved in. But landlord’s testimony was vague and wasn't credible. Landlord also presented insufficient documentation of the claimed costs. Landlord claimed that walls were ripped down and replaced, new equipment was installed such as new pipes, parquet floors, appliances, and a tub.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for tenant and found that the overcharge was willful. Landlord claimed that it had made apartment improvements before tenant moved in. But landlord’s testimony was vague and wasn't credible. Landlord also presented insufficient documentation of the claimed costs. Landlord claimed that walls were ripped down and replaced, new equipment was installed such as new pipes, parquet floors, appliances, and a tub. Landlord presented cancelled checks, but no invoices, receipts, or other credible proof of payment to any contractor or for supplies. The court awarded tenant $13,000 in triple damages.

1097 Holding LLC v. Ballesteros: NYLJ, 5/7/08, p. 31, col. 3 (Civ. Ct. Bronx; Lai, J)

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