Work Not Specified in Tenant's Lease

June 30, 1999

LVT Number: 13335

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant was sending landlord monthly checks for $290, but landlord claimed the legal rent was $330 because of an MCI rent increase. The court ruled against landlord and landlord appealed. The appeals court again ruled against landlord. Tenant's last renewal lease expired in March 1992. Tenant's initial 1977 lease and her last renewal lease required tenant to pay rent increases for ''specified'' work. But no work was specified in either tenant's initial lease or last renewal lease.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant was sending landlord monthly checks for $290, but landlord claimed the legal rent was $330 because of an MCI rent increase. The court ruled against landlord and landlord appealed. The appeals court again ruled against landlord. Tenant's last renewal lease expired in March 1992. Tenant's initial 1977 lease and her last renewal lease required tenant to pay rent increases for ''specified'' work. But no work was specified in either tenant's initial lease or last renewal lease. So tenant didn't have to pay any MCI rent increase.

47 Plus 40 41st St. Realty Corp. v. Ortiz: NYLJ, p. 30, col. 6 (6/1/99) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, J)

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