Rent Wasn't Over $2,000 Per Month

December 1, 1999

LVT Number: 13736

Landlord made individual apartment improvements to rent-stabilized apartment, which resulted in a monthly rent of over $2,000. Landlord then rented the apartment to tenant and stated that it was exempt from rent stabilization. In response to tenant's complaint, the DHCR ruled that tenant's apartment was rent-stabilized. Landlord appealed and lost. Landlord claimed a number of improvements were made to the apartment before tenant moved in. But landlord didn't submit enough proof of the 1/40th cost of plumbing improvements. Landlord didn't prove that the legal rent was over $2,000.

Landlord made individual apartment improvements to rent-stabilized apartment, which resulted in a monthly rent of over $2,000. Landlord then rented the apartment to tenant and stated that it was exempt from rent stabilization. In response to tenant's complaint, the DHCR ruled that tenant's apartment was rent-stabilized. Landlord appealed and lost. Landlord claimed a number of improvements were made to the apartment before tenant moved in. But landlord didn't submit enough proof of the 1/40th cost of plumbing improvements. Landlord didn't prove that the legal rent was over $2,000. The apartment remained subject to rent stabilization.

Merit Mgmt. Co. v. DHCR: NYLJ, p. 26, col. 4 (11/8/99) (App. Div.1 Dept.; Ellerin, PJ, Williams, Wallach, Buckley, Friedman, JJ)

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