De Jesus v. Greenland Holding Corp.

The evidence establishes that the premises which have been occupied by the plaintiff during the period complained of and for which it is claimed defendant charged plaintiff a rent in excess of the fixed maximum rent are not the same and identical premises covered by the maximum rent. The uncontradicted evidence is that substantial alterations were made which improved the apartment with a kitchenette and a combination shower and toilette. By reason of the improvements the rent previously fixed ceased to be applicable. In the absence of proof that the rent charged by defendant for the apartment…