Landlord Can Evict Co-op Shareholder Tenant for Unsafe Apartment Renovations

August 11, 2018

LVT Number: #28552

Landlord sued to evict cooperative shareholder tenant for making unauthorized apartment renovations. Landlord and tenant signed a settlement agreement by which tenant agreed to hire a licensed and insured plumber, electrician, and architect or engineer to inspect the apartment and ensure that the alterations complied with DOB requirements. Landlord later asked the court to permit eviction because tenant didn't comply with the court settlement. The court ruled for landlord. Tenant appealed and lost, then appealed again to a higher court that ruled against her.

Landlord sued to evict cooperative shareholder tenant for making unauthorized apartment renovations. Landlord and tenant signed a settlement agreement by which tenant agreed to hire a licensed and insured plumber, electrician, and architect or engineer to inspect the apartment and ensure that the alterations complied with DOB requirements. Landlord later asked the court to permit eviction because tenant didn't comply with the court settlement. The court ruled for landlord. Tenant appealed and lost, then appealed again to a higher court that ruled against her. Tenant repeatedly failed to comply with the settlement agreement. She didn't hire licensed workers before apartment inspection and performance of necessary alterations. Landlord could evict tenant.

35 Jackson House Apartments Corporation v. Yaworski: 2018 NY Slip Op 05301, 2018 WL 3449555 (App. Div. 2 Dept.; 7/18/18; Castro, JP, Cohen, Connolly, Brathwaite Nelson, JJ)

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