No Proof Tenant Altered Apartment Without Landlord's Consent

September 30, 2007

LVT Number: #19897

Landlord sued to evict rent-stabilized tenant, claiming that tenant made alterations to his apartment without landlord's permission. The court ruled against landlord and dismissed the case. Landlord asked the court to reconsider, claiming that the court overlooked or misunderstood the facts or the law. The court again ruled against landlord. Landlord's employee testified that tenant installed kitchen cabinets. Landlord's architect testified that tenant installed stairs in the apartment without a permit and without landlord's consent.

Landlord sued to evict rent-stabilized tenant, claiming that tenant made alterations to his apartment without landlord's permission. The court ruled against landlord and dismissed the case. Landlord asked the court to reconsider, claiming that the court overlooked or misunderstood the facts or the law. The court again ruled against landlord. Landlord's employee testified that tenant installed kitchen cabinets. Landlord's architect testified that tenant installed stairs in the apartment without a permit and without landlord's consent. But none of this proved that landlord didn't consent to the alterations. Because landlord didn't show that it didn't consent, the case was properly dismissed.

Mengoni v. Lorelli: NYLJ, 9/17/07, p. 20, col. 3 (Civ. Ct. NY; Cohen, J)

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