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JARRED IN THE TIMES: ON APARTMENT IMPROVEMENTS

JarredIKassenoff.jpgOur partner, Jarred I. Kassenoff, appeared in Sunday's New York Times Real Estate Section responding to a reader's question.

Here's the piece in its entirety:

nytimes_nyreblog_com_.gifA Quest for Electricity

By Jay Romano

Q I am a rent-stabilized tenant, and electricity is included in my rent. It is insufficient for my family's use -- we are unable to operate both an iron and a hairdryer without blowing a fuse. Although my lease says that the landlord must upgrade the electricity upon my request for a fee of $650, the landlord has refused to do so. What can I do ?

A "Typically, upgrades made by a landlord can be deemed an 'individual apartment improvement,' " said Jarred I. Kassenoff, a Manhattan real estate lawyer. When that occurs, the landlord may be able to increase the stabilized tenant's rent permanently, by either one-sixtieth the cost of the work, in buildings containing more than 35 apartments, or one-fortieth the cost, in buildings with 35 or fewer units. However, since the landlord agreed to upgrade the electricity service on request, the tenant may have a claim for breach of lease. And, as this lease has already capped the costs at $650, the landlord probably would not be able to seek a permanent rent increase.

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