Co-op Lessee Can't Add Bathroom Over Dry Space

January 1, 2010

LVT Number: #22365

Proprietary lessee sued landlord cooperative building corporation after the co-op denied his request to build a new bathroom in the apartment. The co-op claimed that this would violate a recently established policy to bar "wet" construction over "dry" space. Lessee claimed that the space below the proposed bathroom wasn't dry and that the policy was unreasonable or applied in an arbitrary or discriminatory manner. The court and appeals court ruled against lessee and dismissed the case.

Proprietary lessee sued landlord cooperative building corporation after the co-op denied his request to build a new bathroom in the apartment. The co-op claimed that this would violate a recently established policy to bar "wet" construction over "dry" space. Lessee claimed that the space below the proposed bathroom wasn't dry and that the policy was unreasonable or applied in an arbitrary or discriminatory manner. The court and appeals court ruled against lessee and dismissed the case. The co-op's policy was legitimately related to the welfare of the building and therefore was a reasonable basis for withholding consent to lessee's proposed alterations.

West v. 332 East 84th Owners Corp.: NYLJ, 12/14/09, p. 23, col. 3 (App. Div. 1 Dept.; Gonzalez, PJ, Friedman, McGuire, DeGrasse, Manzanet-Daniels, JJ)

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