Landlord Got DOB Violation for Tenant-Installed Greenhouse

LVT Number: 13397

Facts: DOB issued a violation notice to landlord for constructing a greenhouse on the building's terrace without a permit. DOB ordered landlord to either get a proper permit for the work or remove the illegal structure. Landlord then sued to evict rent-stabilized tenant, claiming that tenant built the greenhouse and wouldn't give landlord access to correct the violation by removing it. Tenant showed that, although he did some reconstruction work, the greenhouse had been built by prior tenant, with prior landlord's consent, before he moved in.

Facts: DOB issued a violation notice to landlord for constructing a greenhouse on the building's terrace without a permit. DOB ordered landlord to either get a proper permit for the work or remove the illegal structure. Landlord then sued to evict rent-stabilized tenant, claiming that tenant built the greenhouse and wouldn't give landlord access to correct the violation by removing it. Tenant showed that, although he did some reconstruction work, the greenhouse had been built by prior tenant, with prior landlord's consent, before he moved in. Prior landlord also paid for some of the work on the greenhouse. Landlord pointed out that prior tenant was current tenant's daughter and both were friends with prior landlord. Court: Landlord loses. Tenant didn't build the greenhouse. Since prior landlord consented to the greenhouse construction, current landlord was bound by that agreement. Landlord must try to legalize the greenhouse and can start a new eviction proceeding only if DOB finds that landlord can't correct the DOB violation by getting the required permit.

Cadim Stonehenge LLC v. Gekht: NYLJ, p. 27, col. 4 (7/14/99) (Civ. Ct. NY; Milin, J)