Did Tenant Replace Cabinets Without Permission?

March 1, 2009

LVT Number: #21066

Landlord sued to evict rent-stabilized tenant, claiming that tenant made unauthorized alterations in his apartment, in violation of his lease. Tenant denied doing so, and asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. The circumstances surrounding tenant's removal and replacement of kitchen cabinets and appliances were disputed. A trial was required to determine the facts and whether tenant violated a "no alterations" clause.

Landlord sued to evict rent-stabilized tenant, claiming that tenant made unauthorized alterations in his apartment, in violation of his lease. Tenant denied doing so, and asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. The circumstances surrounding tenant's removal and replacement of kitchen cabinets and appliances were disputed. A trial was required to determine the facts and whether tenant violated a "no alterations" clause.

40 East 68th Street Co. v. Habbas: NYLJ, 2/26/09, p. 36, col. 6 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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