Improvements Made While Apartment Was Vacant

Tenant complained of a rent overcharge. Landlord had made improvements to the apartment before tenant moved in and charged tenant a 1/40th rent increase. Tenant claimed that his written consent was needed for landlord to collect the rent increase. The DHCR ruled against tenant because the improvements were made while the apartment was vacant. Tenant appealed, claiming that because he signed a lease for the apartment before the improvements were made, his written consent was required for the 1/40th rent increase. The court and appeals court ruled against tenant. The fact that tenant signed the lease before the work was done didn't change the fact that the improvements were completed while the apartment was vacant and before the effective date of tenant's lease. The DHCR's decision complied with the rent stabilization law.

Elisofon v. DHCR: NYLJ, p. 27, col. 1 (6/10/99) (App. Div. 1 Dept.; Williams, JP, Mazzarelli, Rubin, Saxe, Friedman, JJ)