Landlord Seeks Expenses for Repairing Fire Damage

Landlord sued to evict tenant for nonpayment of rent. Landlord also sought an additional $2,300 for expenses incurred in repairing fire damage to tenant's apartment. The court ruled for landlord, and tenant appealed, claiming that it was improper for landlord to get an award of expenses in a summary nonpayment proceeding. The court ruled for tenant. Although tenant's lease required tenant to pay for property damage caused by tenant, it didn't state that such damages would be considered ''additional rent.'' The lease also stated that tenant would be bound by the rent collection policy posted in landlord's office, but that policy also didn't call for payment of property damage as additional rent.

Port Chester Housing Authority v. Jackson: NYLJ, p. 30, col. 1 (1/12/98) (App. T. 2 Dept.; DiPaola, PJ, Collins, JP, Ingrassia, JJ)