Landlord Needn't Get Lowest Possible Cost

LVT Number: 10208

(Decision submitted by William J. Neville of the Manhattan law firm of Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord argued that renovations costing $19,000 were made to the apartment before tenant moved in. Landlord was therefore entitled to a 1/40th rent increase. Tenant claimed the cost for the work was excessive.

(Decision submitted by William J. Neville of the Manhattan law firm of Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord argued that renovations costing $19,000 were made to the apartment before tenant moved in. Landlord was therefore entitled to a 1/40th rent increase. Tenant claimed the cost for the work was excessive. Landlord denied this and called several contractors and building inspectors to testify in court that the work was performed and that the cost was valid. The court ruled for landlord and found no overcharge. Tenant's claim that the work could have been done cheaper isn't relevant.

Supreme Co. v. Creed: Index No. 78313/94 (8/17/95) (Civ. Ct. NY; Klein, J) [4-page document]

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