Tenant Must Remove Half Bath

December 1, 2000

LVT Number: 14553

Landlord cooperative corporation sued co-op tenant, seeking removal of a half bath that tenant had installed. Landlord claimed that this was a breach of tenant's proprietary lease. The court ruled for landlord. Tenant appealed and lost. Tenant's lease stated that landlord wouldn't withhold consent for alteration of pipes or plumbing fixtures. At trial, landlord had proved that it did reasonably withhold consent to tenant's alterations, since they could have a negative impact on the building's plumbing system.

Landlord cooperative corporation sued co-op tenant, seeking removal of a half bath that tenant had installed. Landlord claimed that this was a breach of tenant's proprietary lease. The court ruled for landlord. Tenant appealed and lost. Tenant's lease stated that landlord wouldn't withhold consent for alteration of pipes or plumbing fixtures. At trial, landlord had proved that it did reasonably withhold consent to tenant's alterations, since they could have a negative impact on the building's plumbing system. This was long-standing policy at the building, and landlord had denied other similar requests.

The Seven Park Ave. Corp. v. Green: NYLJ, 11/24/00, p. 27, col. 6 (App. Div.1 Dept.; Rosenberger, JP, Wallach, Saxe, Buckley, Friedman, JJ)

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