Did Landlord Spend $36,800 on Apartment Improvements?

August 31, 2010

LVT Number: #22848

Tenant sued landlord for rent overcharge. Tenant claimed that landlord added $920 to prior tenant’s monthly rent-stabilized rent, so that tenant’s rent would be over $2,000 per month and deregulated. Landlord claimed that it made 1/40th apartment improvements and asked the court to dismiss the case without a trial. The court ruled against landlord. There was insufficient proof that landlord spent $36,800 on qualified improvements only. Some of the work done might have been repairs. So a trial was needed to determine the facts.

Tenant sued landlord for rent overcharge. Tenant claimed that landlord added $920 to prior tenant’s monthly rent-stabilized rent, so that tenant’s rent would be over $2,000 per month and deregulated. Landlord claimed that it made 1/40th apartment improvements and asked the court to dismiss the case without a trial. The court ruled against landlord. There was insufficient proof that landlord spent $36,800 on qualified improvements only. Some of the work done might have been repairs. So a trial was needed to determine the facts.

Merber v. 37 W. 72nd St. Inc.: 116217/07, NYLJ 1202464282151, at *1 (Sup. Ct. NY; Ling-Cohan, 7/9/10)

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