Reasonable Costs Allowed for Improvements

LVT Number: 12247

(Decision submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Daniels Norelli Schwartz-Sidrane & Cecere, LLP.) Tenant complained of a rent overcharge. Landlord claimed that 1/40th improvements had been made before tenant moved in. But landlord bought the building at a judicial sale and didn't have records of improvements made by prior landlord. The DRA ruled for landlord.

(Decision submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Daniels Norelli Schwartz-Sidrane & Cecere, LLP.) Tenant complained of a rent overcharge. Landlord claimed that 1/40th improvements had been made before tenant moved in. But landlord bought the building at a judicial sale and didn't have records of improvements made by prior landlord. The DRA ruled for landlord. Since tenant admitted that prior landlord installed a new sink, new door, and new kitchen floor before she moved in, the DRA authorized a rent increase equal to 1/40th of the reasonable cost of these improvements. The reasonable cost was found to be $720.

Fuller v. 40 Woodruff, LLC: DRA Dckt. No. ZGH-210560-R (12/24/97) [5-page document]

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