Landlord Proved Apartment Improvement Costs

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord claimed that there was no overcharge, and said that extensive apartment improvements costing $50,000 were made just before tenant moved in. The court ruled for tenant after a trial, finding that landlord's costs weren't itemized. Landlord appealed and won. Landlord proved the amount spent on apartment renovations by submitting a punch list of the renovations needed in the apartment, a contractor's invoice, cancelled checks tendered at the time the work was done, and the contractor's trial testimony. The work included removing and installing kitchen cabinets, installing new plumbing, rewiring the electrical lines, tearing down and rebuilding walls, renovating and replacing floors, and installing new appliances. Since this work all constituted improvements rather than repairs, no breakdown of the costs was needed to separate the cost of allowable improvements from the cost of repair or maintenance items.

Jemrock Realty Company, LLC v. Krugman: NYLJ, 12/10/07, p. 32, col. 2 (App. T. 1 Dept.; McKeon, PJ, McCooe, Davis, JJ)