No Proof of Improvement Work

July 31, 2006

LVT Number: 19035

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. Landlord claimed that it had made apartment improvements warranting a 1/40th rent increase. The court ruled against landlord. Landlord appealed and lost. Landlord didn't prove it had made improvements justifying the rent increase charged to tenant. Landlord's invoices showed only that ordinary maintenance and repair work was performed. No rent increase was permitted for that work.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. Landlord claimed that it had made apartment improvements warranting a 1/40th rent increase. The court ruled against landlord. Landlord appealed and lost. Landlord didn't prove it had made improvements justifying the rent increase charged to tenant. Landlord's invoices showed only that ordinary maintenance and repair work was performed. No rent increase was permitted for that work.

461 Central Park West Co., LLC v. Wang: NYLJ, 7/5/06, p. 35, col. 2 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, J)

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