Landlord Claims Tenant Gutted and Demolished Bathroom

January 16, 2018

LVT Number: #28130

Landlord sued to evict rent-stabilized tenant for creating a nuisance and violating Rent Stabilization Code Section 2524.3(b) by making unauthorized alterations that damaged the apartment. The court ruled for landlord without a trial. Tenant appealed, and the case was reopened. Landlord's proof, including photographs, didn't establish that tenant gutted and demolished the bathroom by removing the sink, toilet, and tub. A trial was needed to determine the extent of work done. Tenant also claimed that alterations were needed because landlord failed to make repairs.

Landlord sued to evict rent-stabilized tenant for creating a nuisance and violating Rent Stabilization Code Section 2524.3(b) by making unauthorized alterations that damaged the apartment. The court ruled for landlord without a trial. Tenant appealed, and the case was reopened. Landlord's proof, including photographs, didn't establish that tenant gutted and demolished the bathroom by removing the sink, toilet, and tub. A trial was needed to determine the extent of work done. Tenant also claimed that alterations were needed because landlord failed to make repairs.

Sherman Realty LLC v. Kevelier: 2017 NY Slip Op 51915(U), 2017 WL 6602308 (App. T. 1 Dept.; 12/22/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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