Landlord Didn't Prove Improvements

August 31, 1995

LVT Number: 9976

Facts: Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord claimed it was entitled to collect a rent increase of 1/40th of the cost of the renovation of the kitchen, bathroom, living room, and dining room of the apartment. The work had been done in three installments between 1989 and 1993, before tenant moved in. The apartment rent had also been increased three times, after each renovation. The first rent increases had been taken by prior landlord. Court: Landlord loses.

Facts: Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord claimed it was entitled to collect a rent increase of 1/40th of the cost of the renovation of the kitchen, bathroom, living room, and dining room of the apartment. The work had been done in three installments between 1989 and 1993, before tenant moved in. The apartment rent had also been increased three times, after each renovation. The first rent increases had been taken by prior landlord. Court: Landlord loses. Landlord submitted no proof of improvements made to the apartment. The court didn't believe prior landlord's statements, and his documentation appeared fabricated. Landlord therefore wasn't entitled to any 1/40th rent increase.

Mali Realty Corp. v. Rivera: NYLJ, p. 24, col. 4 (8/9/95) (Civ. Ct. Kings; Rodriguez, J)

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