Inadequate Proof of Improvement Costs

April 1, 2006

LVT Number: 18774

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. Landlord argued that it had performed individual apartment improvements before tenant moved in. Landlord said that it was entitled to a 1/40th rent increase because of the improvements. The court ruled against landlord. Landlord appealed and lost. Landlord didn't submit adequate documentation as required under DHCR Policy Statement 90-10.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. Landlord argued that it had performed individual apartment improvements before tenant moved in. Landlord said that it was entitled to a 1/40th rent increase because of the improvements. The court ruled against landlord. Landlord appealed and lost. Landlord didn't submit adequate documentation as required under DHCR Policy Statement 90-10. And landlord didn't produce any witness connected with the contractor or otherwise show the nature and scope of the work done. In addition, a number of the claimed improvements were merely normal maintenance or repair items and didn't warrant any rent increase.

Graham Court Owners Corp. v. Green: NYLJ, 3/15/06, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

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