Landlord Proved Gut Renovation of Apartment

April 1, 1999

LVT Number: 13139

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for landlord, and tenant appealed. The appeals court also ruled for landlord. Landlord had proved that the rent was legal. The 1991 registered monthly rent for the apartment was $564. Tenant's monthly rent was $1,500. Landlord presented a contract and cancelled checks totaling $37,500 for a gut renovation to the apartment made after 1991 and before tenant moved in. Landlord's contractor also testified, and described in detail the work done.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for landlord, and tenant appealed. The appeals court also ruled for landlord. Landlord had proved that the rent was legal. The 1991 registered monthly rent for the apartment was $564. Tenant's monthly rent was $1,500. Landlord presented a contract and cancelled checks totaling $37,500 for a gut renovation to the apartment made after 1991 and before tenant moved in. Landlord's contractor also testified, and described in detail the work done. Landlord could get a vacancy increase and a 1/40th rent increase for apartment improvements.

30 W. 70th St. Corp. v. Sylvor: NYLJ, p. 26, col. 1 (3/12/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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