Landlord Can't Evict Tenant for Unauthorized Alterations That Were Curable

Landlord sued to evict rent-stabilized tenant for creating a nuisance by making incurable illegal alterations to the apartment. The trial court ruled against landlord, finding that it failed to prove that the alterations caused lasting or permanent injury to the premises that were incapable of meaningful cure. Landlord appealed and lost. Prior to trial, tenant had hired landlord's plumber to cure the defects arising from tenant's switching of the location of the sink and stove and to restore their prior configuration. Landlord's own project manager also testified at trial that cabinets installed by tenant could be easily removed and that the countertop, floor, and backsplash were comparable to work landlord had done elsewhere in the building. There was insufficient proof that any of the other work done by tenant could be characterized as causing permanent or lasting injury to the apartment.

West 115 11-13 Associates LLC v. Pierre: 63 Misc.3d 158(A), 2019 NY Slip Op 50854(U) (App. T. 1 Dept.; 5/31/19; Shulman, PJ, Gonzalez, Edmead, JJ)