Tenant Violated Lease by Installing Air Conditioner

Facts: Landlord sued to evict co-op tenant for installing an air conditioner in her apartment in violation of a substantial obligation of her tenancy. Landlord claimed tenant installed the air conditioner and sleeve without prior written permission from landlord and in a place that constituted a violation of the lease, state building code, and city fire code. Landlord also claimed tenant had prior notice of the locations where air-conditioning sleeves could be installed, was told she would need written approval, and was asked to produce a contractor's license number and certificate of insurance for the sleeve installation. Tenant didn't comply with any of these rules and installed the air conditioner in a wall abutting a fire escape. Tenant claimed retaliatory eviction. Court: Landlord wins. Tenant breached her lease and a substantial obligation of the tenancy by making substantial alterations to her apartment without landlord's approval and without following the lease rules for such installations. Tenant was given 10 days to cure or face eviction.

Bayview Gardens Ltd. v. Sperrazza: NYLJ, p. 29, col. 1 (9/10/97) (Civ. Ct. Kings; Finkelstein, J)