Landlord Can't Replace Walls with Wall-to-Wall Windows

LVT Number: #20721

Four elderly rent-stabilized tenants sued landlord and asked the court to prevent apartment alterations. Landlord proposed to demolish the windowless east wall of each apartment and install wall-to-wall windows. Landlord claimed that the new windows would save energy and improve the apartments by permitting more light. Landlord claimed that tenants would have to temporarily relocate for only 10 days and that landlord would give them temporary lodging in other apartment units.

Four elderly rent-stabilized tenants sued landlord and asked the court to prevent apartment alterations. Landlord proposed to demolish the windowless east wall of each apartment and install wall-to-wall windows. Landlord claimed that the new windows would save energy and improve the apartments by permitting more light. Landlord claimed that tenants would have to temporarily relocate for only 10 days and that landlord would give them temporary lodging in other apartment units. Tenants claimed that they would be irreparably damaged by having to relocate, that they would lose some apartment space and that there was no need for the work.
The court ruled for tenants and granted them an injunction. Tenants' leases didn't allow landlord access and permission to carry out major but purely cosmetic structural changes. It was unclear how long tenants would be displaced from their apartments. This could possibly threaten their health. The physical changes to their apartments also would harm tenants in a way that money couldn't compensate for.

O'Gorman v. Corp. of the Presiding Bishop of the Church of Latter-Day Saints: NYLJ, 9/5/08, p. 27, col. 1 (Sup. Ct. NY; Stallman, J)