ALTERATIONS TO APARTMENTS

Landlord's Illegal Occupancy Claim Improperly Based on Unauthorized Partition

December 14, 2020    

Landlord sued to evict rent-stabilized tenant for illegal occupancy under Rent Stabilization Code Section 2524.3(c), based on an illegal partition that was put up subdividing the apartment's living room. Landlord...

Was Alteration Agreement Requiring Fire Door Inside Unit Based on Mutual Mistake?

December 8, 2020    

Landlord cooperative corporation sued to evict co-op shareholder tenants for breach of their proprietary lease by failing to complete alterations to their apartment in accordance with the terms of an alteration...

Unauthorized Washing Machine Caused Plumbing Damage

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for installing and using a washing machine in her apartment in violation of a substantial obligation of her tenancy. Tenant didn't obtain landlord's written...

Landlord's Termination Notice Was Defective

June 24, 2019    

Landlord sued to evict rent-stabilized tenant for altering her apartment without landlord's prior written consent. Landlord claimed that tenant installed a subfloor above the unit's main floor and altered the...

Landlord Can't Evict Tenant for Unauthorized Alterations That Were Curable

June 17, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by making incurable illegal alterations to the apartment. The trial court ruled against landlord, finding that it failed to prove that the...

Tenant Altered Apartment for Karate School

February 25, 2019    

Landlord sued to evict residential tenant based on a breach of a substantial obligation of the tenancy. Landlord claimed that tenant made illegal alterations and used the apartment for a karate school. Landlord also...

Co-op Shareholder Tenant Made Alterations Without Landlord's Consent

December 23, 2018    

Landlord cooperative corporation sued to evict shareholder tenant for altering her apartment without landlord's permission. Landlord claimed that tenant performed extensive work in her apartment bathroom,...

Tenant Who Performed Illegal Alterations Can Cure the Conditions

November 12, 2018    

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...

Co-op Reasonably Withheld Consent to Shareholder Tenant's Request

September 20, 2018    

Cooperative shareholder tenant sued landlord co-op corporation for breach of contract, claiming that the co-op unreasonably withheld consent to tenant's proposed unit alterations. The court granted the co-op'...

Co-op Tenant Must Remove Washing Machine Barred by House Rule

July 22, 2018    

Landlord cooperative corporation sued to evict shareholder tenant for installing a washing machine in her unit in 2017 in violation of the building's house rules. Tenant pointed out that landlord had allowed her...

Co-op Board Improperly Waived Shareholder Tenant's Consent to Terrace Request

October 28, 2017    

The shareholder tenant of eight co-op apartments on the first floor of a building, who didn't live in any of the units, sued landlord cooperative corporation board as well as the shareholder tenant who lived...

Landlord Can't Evict Rent-Stabilized Tenants for Staircase Installation

August 28, 2017    

Landlord sued rent-stabilized tenants, seeking a court order to make them provide access to their apartments so that landlord could install new staircases in the building. Landlord also sought removal of tenants from...