Co-op Shareholder Tenant Made Alterations Without Landlord's Consent

Landlord cooperative corporation sued to evict shareholder tenant for altering her apartment without landlord's permission. Landlord claimed that tenant performed extensive work in her apartment bathroom, including removal of water pipes and plumbing fixtures. The court ruled against landlord, who appealed and won. Tenant's lease provision requiring tenant to make repairs and maintain certain fixtures didn't negate the additional lease requirement that tenant obtain landlord's written consent to perform work. Although tenant claimed that landlord waived consent, the letters in question explicitly denied any waiver, placed conditions on continued work, and, after tenant violated those conditions, ordered tenant to stop work. The case was sent back to the trial court to enter a judgment of possession for landlord.

1346 Park Place HDFC v. Wright: 61 Misc.3d 137(A), 2018 NY Slip Op 51563(U) (App. T. 2 Dept.; 11/2/18; Elliot, JP, Weston, Siegal, JJ)