Proposal Doesn't Prove Work Was Done

Facts: Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. Prior tenant's rent was $505. Landlord charged tenant $1,125. Landlord claimed that individual apartment improvements were made after prior tenant moved out and before tenant moved in. Landlord claimed that the improvements cost $16,000 and that it paid for them in cash. Landlord submitted its contractor's written proposal for work to be done as proof of the 1/40th improvements, along with its contractor's affidavit. Court: Landlord loses. The proposal didn't prove that the work was done. The contractor's affidavit wasn't admissible proof in court, and the contractor didn't testify. Some of the work stated in the proposal didn't qualify as improvement work but merely repairs. Landlord also had no business or tax records documenting the claimed cash payments. The court found that landlord willfully overcharged tenant and deducted $15,000 from the back rent due.

W. 58th St. Properties LLC v. Kulbersh: NYLJ, 8/20/03, p. 19, col. 2 (Civ. Ct. NY; Schneider, J)