Landlord Can't Stop Tenants from Renovating Kitchen

Landlord sued to keep rent-stabilized tenants from renovating their apartment kitchen. Tenants had requested permission to replace kitchen cabinets, sink, countertops, and old appliances. Landlord initially agreed in writing to tenants' request, if tenants got insurance and otherwise complied with an alteration agreement. Landlord later changed its position and asked tenants to let landlord pay for the work and then charge tenants a rent increase based on the cost of the improvements. Tenants refused. The court ruled against landlord. Tenants were willing to comply with the requirements of landlord's first alteration agreement. More importantly, tenants' plans didn't involve any structural alterations for which landlord had to give consent. Tenants' plans involved no waste or substantial and permanent change in the nature and character of the apartment or building.

233 W. 99th St., Inc. v. Painter: NYLJ, p. 21, col. 4 (8/28/96) (Sup. Ct. NY; Bransten, J)