Landlord Couldn't Prove Individual Apartment Improvements

Rent-stabilized tenant sued landlord, claiming rent overcharge.  The court ruled for tenant, without trial, based on documents presented by both sides. The prior tenant's last rent was $869 per month. Tenant's initial rent was $1,600. Landlord was entitled to collect a vacancy increase and longevity increase when tenant moved in. But landlord failed to substantiate the costs for claimed individual apartment improvements (IAIs). Landlord also failed to show that any work performed in tenant's apartment before he moved in constituted improvements rather than ordinary repairs required by law. Invoices produced by landlord were for plastering, replacing window glass, refinishing a floor, and painting. Triple damages also were warranted. The court referred the case to a judicial hearing officer or special referee for calculation of the actual overcharge amount due to be refunded.

Littger v. Martin: Index No. 520143/17, 2020 NY Slip Op 31268(U)(Sup. Ct. Kings; 5/6/20; Wade, J)