Co-op Can Evict Shareholder Tenant for Installing A/C System Without Permission

December 20, 2016

LVT Number: #27427

Landlord cooperative corporation sued to evict shareholder tenant for breaching his proprietary lease by failing to obtain written consent before installing an air conditioning system. The written application submitted to landlord for apartment alteration work specifically stated that no HVAC work would be performed. Yet tenant claimed that landlord had approved the work. Landlord asked the court to rule in its favor without a trial based on the documentary proof. The court ruled against landlord, who appealed and won.

Landlord cooperative corporation sued to evict shareholder tenant for breaching his proprietary lease by failing to obtain written consent before installing an air conditioning system. The written application submitted to landlord for apartment alteration work specifically stated that no HVAC work would be performed. Yet tenant claimed that landlord had approved the work. Landlord asked the court to rule in its favor without a trial based on the documentary proof. The court ruled against landlord, who appealed and won. Landlord’s documentary proof was conclusive, and tenant couldn’t rely on any claimed oral consent. Landlord was entitled to a judgment of possession. However, tenant must be given the right to perform a post-judgment cure.

 

 

 

 

Roger Morris Apartment Corp. v. Varela: 53 Misc.3d 151(A), 2016 NY Slip Op 51697(U) (App. T. 1 Dept.; 11/30/16; Schoenfeld, JP, Shulman, Gonzalez, JJ)

Topics

More like this