Tenant Who Performed Illegal Alterations Can Cure the Conditions

November 12, 2018

LVT Number: #29728

Landlord sued to evict rent-stabilized tenant for illegally altering his apartment. The trial court ruled for landlord but gave tenant a postjudgment opportunity to cure. Landlord appealed and lost. Tenant proved that a prior tenant had relocated the stove, installed a breakfast bar, and moved gas and electric lines. Tenant himself replaced kitchen cabinets, constructed a Murphy bed, and installed a satellite dish. Contrary to landlord's claim, these alterations didn't cause lasting or permanent injury to the premises and were capable of meaningful cure. 

Landlord sued to evict rent-stabilized tenant for illegally altering his apartment. The trial court ruled for landlord but gave tenant a postjudgment opportunity to cure. Landlord appealed and lost. Tenant proved that a prior tenant had relocated the stove, installed a breakfast bar, and moved gas and electric lines. Tenant himself replaced kitchen cabinets, constructed a Murphy bed, and installed a satellite dish. Contrary to landlord's claim, these alterations didn't cause lasting or permanent injury to the premises and were capable of meaningful cure. 

Grove Equities LLC v. Butensky: 61 Misc.3d 130(A), 2018 NY Slip Op. 51409(U) (App. T. 1 Dept.; 10/5/18; Shulman, PJ, Cooper, Edmead, JJ)

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