Landlord Co-op Must Permit Tenant to Add A/C System

Cooperative tenant-shareholders sued landlord co-op corporation, seeking to compel landlord to permit tenants to install an exterior air conditioning system, including three condenser units in the terrace adjoining tenants' apartment and creating a hole in an exterior wall to connect it to the interior components. As part of this installation, tenants also sought relocation of a telecommunications conduit from the center of their bathroom to the exterior wall. These proposed alterations required the co-op board's approval, which could not be "unreasonably" withheld. Landlord opposed the alterations and argued that the work would violate the house rules and set a bad precedent for other tenants. Tenants asked the court to issue a preliminary injunction to block landlord from stopping their installation.

The court ruled for tenants, finding that they were likely to succeed on the merits of the case. The language of tenants' proprietary lease required landlord not to unreasonably withhold consent to build additions on the roof areas to which tenants had exclusive rights. Landlord couldn't rely on the business judgment rule to avoid the lease requirements. Landlord unreasonably withheld consent to tenants' proposal and failed to even consider their plans. Tenant was a 73-year-old man with cardiovascular conditions that required him to reside in a sufficiently cooled residence. The original telephone lines in the apartment also needed replacement, as they were 50 years old. The fact that other tenants may make similar requests wasn't an excuse to prevent tenant from making the requested alterations.

Kaplan v. Park South Tenants Corp.: Index No. 157669/13, NYLJ No. 1202648096983 (Sup. Ct. NY; 3/18/14; Engoron J)