New Windows Ordered During Vacancy

August 31, 1997

LVT Number: 11783

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed a rent overcharge, a breach of the warranty of habitability, and a lack of personal jurisdiction. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant, in part. The lower court properly upheld a $30 monthly rent increase based on installation of new windows in the apartment that was charged without tenant's consent. The windows were ordered before tenant moved in and were installed shortly after tenant moved in.

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed a rent overcharge, a breach of the warranty of habitability, and a lack of personal jurisdiction. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant, in part. The lower court properly upheld a $30 monthly rent increase based on installation of new windows in the apartment that was charged without tenant's consent. The windows were ordered before tenant moved in and were installed shortly after tenant moved in. Under these circumstances, the DHCR permits landlord to collect a ``1/40th'' rent increase without tenant's written consent.

E&W Realty Co. v. Fettner: NYLJ, p. 21, col. 2 (8/22/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, Freedman, JJ)

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