No Rent Hike for Maintenance and Repair Work

July 31, 1995

LVT Number: 9900

Tenant complained of a rent overcharge. The DHCR ruled for tenant and ordered landlord to pay triple damages. Landlord appealed, claiming that he had made improvements to tenant's apartment and was entitled to a monthly rent increase equal to 1/40th of the cost of the work. The court ruled against landlord and landlord appealed. The appeals court also ruled against landlord. The work performed by landlord was maintenance and repair work; no rent increase was allowed. The triple damages for willful rent overcharge were also proper.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and ordered landlord to pay triple damages. Landlord appealed, claiming that he had made improvements to tenant's apartment and was entitled to a monthly rent increase equal to 1/40th of the cost of the work. The court ruled against landlord and landlord appealed. The appeals court also ruled against landlord. The work performed by landlord was maintenance and repair work; no rent increase was allowed. The triple damages for willful rent overcharge were also proper. Landlord did the work without the required written consent to a rent increase from tenant, and landlord charged much more than a 1/40th increase.

Linden v. DHCR: NYLJ, p. 26, col. 4 (7/10/95) (App. Div. 1 Dept.; Murphy, PJ, Rubin, Ross, Asch, Tom, JJ)

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