Landlord Doesn't Prove IAIs Were Made

LVT Number: #27604

Rent-stabilized tenant sued landlord for rent overcharge, claiming that landlord improperly imposed a $175 monthly rent increase for individual apartment improvements (IAIs) that it claimed were made before tenant moved in. Landlord asked the court to dismiss the complaint without a trial. The court ruled against landlord, who appealed and lost. Landlord failed to submit evidence sufficient to prove that it made the claimed IAIs or, if it had made the IAIs, their cost. 

 

 

 

Rent-stabilized tenant sued landlord for rent overcharge, claiming that landlord improperly imposed a $175 monthly rent increase for individual apartment improvements (IAIs) that it claimed were made before tenant moved in. Landlord asked the court to dismiss the complaint without a trial. The court ruled against landlord, who appealed and lost. Landlord failed to submit evidence sufficient to prove that it made the claimed IAIs or, if it had made the IAIs, their cost. 

 

 

 

Yang v. Krem Realty, Inc.: 2017 NY Slip Op 02024, 2017 WL 1068283 (App. Div. 2 Dept.; 3/22/17; Mastro, JP, Balkin, Cohen, Brathwaite Nelson, JJ)