Tenant Moved Out During Lawsuit

August 18, 2015

LVT Number: #26322

Unregulated tenant sued landlord, claiming that landlord hadn’t made sufficient individual apartment improvements (IAIs) to remove the apartment from rent stabilization. Tenant also claimed rent overcharge. The court ruled for tenant and ordered landlord to give her a rent-stabilized renewal lease. The court later issued an order directing landlord to comply with its prior court order. Landlord appealed.  The appeals court ruled that, since tenant had moved out of the apartment while the case was pending, she wasn’t entitled to a renewal lease.

Unregulated tenant sued landlord, claiming that landlord hadn’t made sufficient individual apartment improvements (IAIs) to remove the apartment from rent stabilization. Tenant also claimed rent overcharge. The court ruled for tenant and ordered landlord to give her a rent-stabilized renewal lease. The court later issued an order directing landlord to comply with its prior court order. Landlord appealed.  The appeals court ruled that, since tenant had moved out of the apartment while the case was pending, she wasn’t entitled to a renewal lease. The apartment also had been rerented to another tenant. Also, there were questions of fact as to whether the overcharge was willful. A hearing was needed to determine whether tenant was entitled to triple damages. 

 

 

 
Chekowsky v. Windemere Owners, LLC: 130 A.D.3d 523, 2015 NY Slip Op 06196 (App. Div. 1 Dept.; 7/21/15; Gonzalez, PJ, Tom, Friedman, Kapnick, JJ)

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