Sanding and Applying Polyurethane to Floors

February 1, 2004

LVT Number: 17109

Landlord sued to evict tenant for nonpayment of rent. Tenant owed $34,000. Tenant claimed that landlord had willfully overcharged him $70,000. Landlord claimed that there was no rent overcharge because it was entitled to a 1/40th rent increase for individual apartment improvements it made before tenant moved in. The court ruled for tenant in part. Landlord proved most of its renovation costs. Landlord had completely renovated the kitchen and bathroom before tenant moved in. However, the court disallowed the cost of $317 for sanding and coating the floors with polyurethane.

Landlord sued to evict tenant for nonpayment of rent. Tenant owed $34,000. Tenant claimed that landlord had willfully overcharged him $70,000. Landlord claimed that there was no rent overcharge because it was entitled to a 1/40th rent increase for individual apartment improvements it made before tenant moved in. The court ruled for tenant in part. Landlord proved most of its renovation costs. Landlord had completely renovated the kitchen and bathroom before tenant moved in. However, the court disallowed the cost of $317 for sanding and coating the floors with polyurethane. This was an ordinary repair or maintenance item, not an apartment improvement.

212 W. 22 Realty LLC v. Fogarty: NYLJ, 1/14/04, p. 18, col. 3 (Civ. Ct. NY; Hagler, J)

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