Work Done Was Maintenance

May 31, 1997

LVT Number: 11522

Landlord sued to evict hotel-stabilized tenant for nonpayment of rent. Tenant claimed landlord had collected a rent overcharge. Landlord claimed that improvements costing over $11,000 were made to tenant's room in 1987. The court ruled against landlord. Removal of broken tiles, wood beams, and debris, along with plastering and painting of tenant's room were maintenance work not qualifying for any rent increase. Landlord also didn't specify the cost for the other work performed. A trial was needed to determine the amount of the overcharge and whether it was willful.

Landlord sued to evict hotel-stabilized tenant for nonpayment of rent. Tenant claimed landlord had collected a rent overcharge. Landlord claimed that improvements costing over $11,000 were made to tenant's room in 1987. The court ruled against landlord. Removal of broken tiles, wood beams, and debris, along with plastering and painting of tenant's room were maintenance work not qualifying for any rent increase. Landlord also didn't specify the cost for the other work performed. A trial was needed to determine the amount of the overcharge and whether it was willful.

4 E. 28th St. Corp. v. Tandjigora: NYLJ, p. 29, col. 6 (5/14/97) (Civ. Ct. NY; Braun, J)

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