Equipment Shipped After Lease Start Date

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord claimed that it was entitled to a rent increase for individual apartment improvements costing $6,900. Tenant pointed out that the stove and refrigerator installed by landlord were shipped from the supplier after tenant moved into the apartment. The court ruled for tenant in part, finding that landlord couldn't collect a rent increase for the stove and refrigerator. Since these items were shipped after the start date of tenant's lease, tenant's written consent was required to collect any rent increase. As to the other improvements claimed by landlord, a trial was needed to determine the facts.

509 Saratoga Corp. v. Williams: NYLJ, p. 26, col. 2 (9/2/98) (Civ. Ct. Kings; Rodriguez, J)