Landlord Can't Charge First Rent for Use of Roof

August 31, 1997

LVT Number: 11799

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed landlord collected a rent overcharge. Landlord argued that it could charge tenant a first rent for a newly created apartment because tenant used the building's roof as a patio. The court ruled against landlord. Landlord may charge a first stabilized rent where, for example, one large apartment is converted into two new smaller ones. Tenant's use of the roof outside the apartment didn't create a new apartment.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed landlord collected a rent overcharge. Landlord argued that it could charge tenant a first rent for a newly created apartment because tenant used the building's roof as a patio. The court ruled against landlord. Landlord may charge a first stabilized rent where, for example, one large apartment is converted into two new smaller ones. Tenant's use of the roof outside the apartment didn't create a new apartment.

Crowley v. Pennacchini: NYLJ, p. 22, col. 5 (8/27/97) (Civ. Ct. NY; Mills, J)

Topics

More like this