Landlord Didn't Submit Proof of Gut Renovation

June 30, 2006

LVT Number: 18965

Former rent-stabilized tenant sued landlord for a rent overcharge that occurred in 2003 and 2004. Tenant claimed that when she moved in, the monthly rent increased from $692 to $1,665. Landlord claimed that it had performed a gut renovation before tenant moved into the apartment, which cost $37,500. The court ruled for tenant and found there was a willful overcharge. Landlord submitted insufficient proof of the claimed renovation work.

Former rent-stabilized tenant sued landlord for a rent overcharge that occurred in 2003 and 2004. Tenant claimed that when she moved in, the monthly rent increased from $692 to $1,665. Landlord claimed that it had performed a gut renovation before tenant moved into the apartment, which cost $37,500. The court ruled for tenant and found there was a willful overcharge. Landlord submitted insufficient proof of the claimed renovation work. Landlord's single check to a contractor for $37,500 didn't refer to any renovations, and nothing else showed a link between this payment and work done to tenant's apartment. Tenant was overcharged by $346 per month. The court ordered landlord to refund $13,500, including triple damages.

Lirakis v. 180 Seventh Ave. Assocs. LLC: NYLJ, 6/2/06, p. 23, col. 1 (Civ. Ct. NY; Scarpulla, J)

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