No Proof of Improvements

December 1, 2005

LVT Number: 18521

Tenant sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. The court ruled for tenant. Landlord appealed and lost. Landlord claimed that it had made individual apartment improvements and was entitled to collect a 1/40th rent increase. But landlord presented no documentary proof of any improvements, and no witness with personal knowledge of the work done.

Tenant sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. The court ruled for tenant. Landlord appealed and lost. Landlord claimed that it had made individual apartment improvements and was entitled to collect a 1/40th rent increase. But landlord presented no documentary proof of any improvements, and no witness with personal knowledge of the work done.

PWV Acquisition, LLC v. Toscano: NYLJ, 11/25/05, p. 27, col. 6 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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