Tenant's Signature on Consent Form Was Forged

Landlord sued to evict elderly rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $187 per month for 11 months and $912 per month for 12 months after landlord made improvements to tenant's apartment. Landlord presented proof at trial that tenant signed a consent form for the rent increase after the improvements were made. The court ruled for landlord and found that tenant owed landlord $6,500. Tenant appealed, claiming that she never signed the consent form. Landlord claimed that tenant signed the consent form in front of him. Tenant's signature was notarized. But on appeal, tenant showed that the notary that landlord claimed had witnessed tenant's signature had been dead for 11 years before tenant supposedly signed the consent form. And tenant's daughter had testified that tenant signed a form acknowledging only that certain repairs had been made. The appeals court ruled for tenant. Landlord clearly forged tenant's signature on the consent form. The rent increase was invalid under the Rent Stabilization Code because tenant didn't give landlord written consent. Landlord must refund the $6,500 to tenant.

Linden Realty Corp. v. Caraballa: NYLJ, 7/16/04, p. 29, col. 2 (App. T. 2 Dept.; Pesce, PJ, Aronin, Golia, JJ)