Work Done in Kitchen

LVT Number: 11238

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord claimed that apartment improvements had been made before tenant moved in, warranting a lawful rent increase. Landlord claimed an entirely new kitchen had been installed with new cabinets, floor and sub floor, electrical lines, plumbing, sink, walls, gas range and refrigerator. The total claimed cost was $12,000. Court: Landlord loses in part. There was no indication of what type of flooring was removed nor proof of upgrading.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord claimed that apartment improvements had been made before tenant moved in, warranting a lawful rent increase. Landlord claimed an entirely new kitchen had been installed with new cabinets, floor and sub floor, electrical lines, plumbing, sink, walls, gas range and refrigerator. The total claimed cost was $12,000. Court: Landlord loses in part. There was no indication of what type of flooring was removed nor proof of upgrading. Painting and plastering done in the kitchen were also normal maintenance. An inspection of the kitchen also showed that existing walls hadn't been demolished. No new door for the kitchen was installed until months after tenant moved in. No rent increase was permitted for these items.

100 Mosholu Pkwy. Assoc. v. Hughes: NYLJ, p. 27, col. 1 (1/22/97) (Civ. Ct. Bronx; Thomas, J)