Landlord Backtracked on Giving Tenant Permission to Replace Cabinets

Rent-stabilized tenant sued landlord cooperative corporation in an HP proceeding, seeking correction of violations, a finding of harassment, and a restraining order. She claimed that the building manager gave her permission in February 2019 to replace her apartment's kitchen cabinets at her own expense, and that the old ones were falling apart. Later, after the building super removed her stove to make room for cabinet replacement, the building manager told her to stop and in November 2019, landlord sent a 10-day notice to cure. HPD also issued a violation for missing kitchen cabinets and sink, uncapped gas supply line, no plaster and paint on kitchen ceiling and walls, and missing floor tiles and electrical outlets. Tenant also remained without a stove. At the time of trial, the HPD violations hadn't been corrected.

The court ruled for tenant. Landlord's actions rose to the level of harassment and showed acts that could and would have the effect to cause the 45-year tenant to pack up and move out, or worse, to be evicted. Tenant didn't have to prove intent. The court ordered landlord to correct the violations and restore the kitchen right away. In the alternative, landlord must permit tenant to proceed with her plan to replace the kitchen cabinets at her own expense. Landlord had rescinded approval for tenant to do this work. Since tenant had no working stove since March 2019, the court was required to impose a civil penalty and imposed the minimum $2,000 penalty. The court also enjoined and restrained landlord from engaging in any acts that constituted harassment. 

Madera v. 76-66 Austin Owners Corp.: Index No. 6338/19, 2021 NY Slip Op 50014(U)(Civ. Ct. Queens; 1/11/21; Sanchez, J)