Improvements Done During Vacancy

May 31, 2003

LVT Number: 16600

Tenant complained of a rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $19,000. The DHCR disallowed any rent increase for individual apartment improvements done in the apartment. It found that they were done after tenant moved in and without written consent. Landlord appealed and won. The apartment was vacant when landlord made the improvements. Although tenant's lease term started two weeks before the improvements were completed, tenant hadn't moved in, and landlord had waived tenant's first month's rent.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $19,000. The DHCR disallowed any rent increase for individual apartment improvements done in the apartment. It found that they were done after tenant moved in and without written consent. Landlord appealed and won. The apartment was vacant when landlord made the improvements. Although tenant's lease term started two weeks before the improvements were completed, tenant hadn't moved in, and landlord had waived tenant's first month's rent. Under these circumstances, the DHCR's finding that the apartment was occupied by tenant when landlord made the improvements was unreasonable.

Garson Mgmt. v. DHCR: NYLJ, 5/22/03, p. 20, col. 1 (App. Div. 1 Dept.; Nardelli, JP, Saxe, Sullivan, Wallach, Gonzalez, JJ)

Topics

More like this