Landlord Didn't Prove Entitlement to Improvement Increase

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant was deregulated because his rent was $2,500 per month. Tenant claimed that he was rent stabilized and that he was being overcharged. At the trial, landlord claimed that the rent was increased to $2,500 based on apartment improvements costing $56,000. The court ruled for landlord, finding that tenant didn't prove fraud or mistake in connection with the sums that landlord claimed were spent on apartment improvements. Tenant appealed and won. It was landlord's burden to show at the trial that improvements were made to justify the rent increase. Landlord presented its contractor's invoice and a canceled check but didn't produce any witness with personal knowledge of the work done. Landlord also didn't present any testimony concerning the reasonable value of the renovations itemized on the invoice. And a number of the items on the invoice were normal repair and maintenance.

PWV Acquisition LLC v. Toscano: NYLJ, 6/20/03, p. 24, col. 2 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)