Contractor Testimony, Checks Don't Prove Apartment Improvements

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $8,700. Tenant claimed a rent overcharge. Landlord said that it made individual apartment improvements costing $15,000 before tenant moved in, so it was entitled to collect a rent increase of $370 per month for this work. After a trial, the court ruled against landlord. Landlord's contractor had testified that his firm had done a “typical renovation” to the apartment and installed new Sheetrock, floors, doors, sinks, cabinets, faucets, tile, and trim. But the contractor stated that he didn't personally perform the work and hadn't even seen the work that was supposed to have been done in tenant's apartment. Landlord also failed to present other sufficient proof of the claimed work. The checks landlord submitted as evidence didn't bear any indication that they were used in connection with the claimed work. One check was dated five months after the work was supposedly completed and referred only to capital improvement work at the building. Another check was marked “8953 6B,” but it was unclear whether 6B referred to tenant’s apartment number. The check was dated February 2003, but landlord’s contractor stated that he didn’t know whether the work was completed in February or March 2003. In addition, landlord had filed no annual rent registration statements since 2004. And landlord didn’t give tenant a rent-stabilization rider explaining how her rent was calculated.

Sheridan Properties LLC v. Liefshitz: NYLJ, 1/2/08, p. 29, col. 3 (Civ. Ct. Bronx; Madhavan, J)