Jemrock Realty Co., LLC v. Krugman

McCooe, J. (dissenting).

I respectfully dissent. This is a summary nonpayment proceeding where the landlord claims that the apartment is not rent regulated based upon improvements made to the apartment. The tenant claims that the apartment is rent stabilized and there is a rent overcharge.

The last stabilized tenant paid a monthly rental of $920.12 and vacancy and longevity increases raised the rent to $1,247.68. The dispute centers on the landlord’s claim to an additional monthly improvement increase of $1,250 (one fortieth of $50,000) raising the legal rent above $2,000 and exempting the…