Landlord Didn't Prove Tenant's Lease Barred Installation of A/C

Landlord sued to evict rent-stabilized tenant for breach of lease, claiming that tenant illegally installed an air conditioner in his living room window, contrary to the terms of his lease. In addition, landlord claimed that tenant failed to remove the air conditioner from the window and failed to pay $2,000 in damages incurred on the building facade by the unit. Tenant asked the court to dismiss the case, claiming that his actions didn't violate the lease, that the proceeding was time-barred, and that landlord had waived its claim. Tenant claimed that she installed the air conditioner in 1999, removed it every winter, and that there was no lease provision barring its installation. 

The court agreed with tenant, finding no lease clause that prohibited use of a window air conditioner unit. If a lease is silent with respect to the right to have an appliance, then the installation is protected by the tenant's general common law right to use and enjoyment of the premises, as long as the use doesn't cause damage, waste, or nuisance. In this case, landlord's primary claim was based on the A/C installation, not on the damage landlord said was caused. Landlord also didn't dispute tenant's waiver claim regarding the statute of limitations for a breach of lease summary proceeding other than inferring it doesn't apply because the unit was removed every winter. Such temporary annual removal didn't stall the statute of limitations. 

57 Elmhurst LLC v. Fernandez: Index No. 318612-23, NYLJ 9/5/24, p. 17, col. 1 (Civ. Ct. Queens; 8/19/24; Bryan, J)