Landlord Proved Cost of Renovation

(Decision submitted by Sally E. Unger of the Manhattan law firm of Kossoff & Unger, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. He claimed that landlord didn't make apartment improvements for which it charged 1/40th rent increases. The trial court ruled for tenant. The court disallowed most of landlord's 1/40th costs because checks didn't identify which apartment the work was done in. After the set off for rent overcharge, tenant owed landlord only $550. Landlord appealed and won. Landlord and its architect testified in court that tenant's apartment was completely renovated while it was vacant, before tenant moved in. The trial court correctly disallowed the cost of some improvements where the checks weren't written at the time the improvements were made. But the testimony of landlord and its architect, together with landlord's cancelled checks, proved at least $18,000 of the claimed cost. Even with some costs disallowed, there was no overcharge. So tenant owed landlord over $6,000 in back rent.

Clearwater Realty Co. v. Yonac: NYLJ, 7/1/05, p. 25, col. 2 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)