Civil Court Can't Order Tenant to Restore Apartment to Original Condition

July 31, 2004

LVT Number: 17497

Landlord sued to evict tenant for violating his lease. Landlord claimed that tenant made unauthorized alterations in his apartment. Landlord also asked the court to order tenant to restore the apartment to its original condition. Since the eviction case took place in civil court, the court ruled that it had no authority to order tenant to restore the apartment. Landlord appealed and lost. The court properly ruled that landlord must raise the claim seeking restoration of the apartment in a Supreme Court declaratory judgment action.

Landlord sued to evict tenant for violating his lease. Landlord claimed that tenant made unauthorized alterations in his apartment. Landlord also asked the court to order tenant to restore the apartment to its original condition. Since the eviction case took place in civil court, the court ruled that it had no authority to order tenant to restore the apartment. Landlord appealed and lost. The court properly ruled that landlord must raise the claim seeking restoration of the apartment in a Supreme Court declaratory judgment action. And landlord must wait until the civil court first decides whether tenant violated a substantial lease obligation.

Feierstein v. Moser: NYLJ, 7/16/04, p. 24, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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