Landlord Failed to Document IAI Rent Increases

LVT Number: #30738

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant. Landlord appealed and lost. The trial court properly found that landlord sought rent in excess of the lawful rent. The rent for tenant's apartment increased 80 percent before tenant moved in, and landlord presented no proof of claimed individual apartment improvements (IAIs). The trial court also properly applied triple damages.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant. Landlord appealed and lost. The trial court properly found that landlord sought rent in excess of the lawful rent. The rent for tenant's apartment increased 80 percent before tenant moved in, and landlord presented no proof of claimed individual apartment improvements (IAIs). The trial court also properly applied triple damages.

Morris Realty LLC v. Caceres: Index No. 19-373, NYLJ 3/2/20, p. 22, col. 1 (App. T. 1 Dept.; Shulman, PJ, Cooper, Edmead, JJ)