Landlord Who Doesn't Prove Cost of IAIs Must Refund Triple Damages for Rent Overcharge
LVT Number: #30269
Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant and ordered landlord to refund $117,402, including triple damages for willful rent overcharge. Landlord appealed and lost. Landlord failed to prove the existence of individual apartment improvements (IAIs) to justify the rent increase from prior tenant's last rent of $908 to tenant's initial rent of $3,300.
Graham Court Owners Corp. v. Long: 64 Misc.3d 133(A), 2019 NY Slip Op 51083(U) (App. T. 1 Dept.; 7/2/19; Ling-Cohan, JP, Gonzalez, Cooper, JJ)