Clearwater Realty Co. v. Yonac

OPINION OF THE COURT

Memorandum.

Final judgment unanimously modified by increasing the award to landlord to the sum of $6,699.48; as so modified, affirmed without costs.

In this nonpayment proceeding, landlord established that tenant did not pay the July 2002 rent of $1,346.80 and the monthly rent of $1,400.67 for the months of August through November 2002, for a total of $6,949.48. Tenant asserted defenses of rent overcharge and breach of the warranty of habitability. Tenant’s rent overcharge defense was based on a claim that an individual apartment improvement (IAI) increase taken by landlord…