Landlord Must Refund Tenant Over $800,000 in Rent Overcharges

LVT Number: #29945

Tenant sued landlord, claiming rent overcharge and improper deregulation of a rent-stabilized apartment. The court ruled for tenant. The apartment had been last registered as rent stabilized in 2002 at a rent of $1,222 per month. Landlord claimed that it made individual apartment improvements (IAIs) costing $31,000 during a vacancy and that the apartment became permanently exempt from rent stabilization in 2003 based on high-rent vacancy. Tenant disputed the IAIs and landlord presented no proof that they were done.

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Rossman v. Windermere Owners LLC: Index No. 108350/2011, NYLJ No. 1546936202 (Sup. Ct. NY; 1/4/19; Nervo, J)