Replacement of Window A/C with Portable A/C Wasn't a Reduction in Required Services
LVT Number: #31902
Rent-stabilized tenant sued landlord, claiming that landlord improperly removed a window air conditioner from her apartment. Tenant asked the court to: (a) rule on the case without a trial; (b) compel landlord to reinstall a window air conditioner; (c) award her costs and attorney's fees; and (d) set up a hearing on damages. Tenant claimed that the unauthorized removal of the room air conditioner was a reduction in essential services, and that replacement with a portable air conditioner would be no substitute.
The court ruled against tenant. While air conditioning was a required service in tenant's apartment, tenant failed to show that the switch from a window air conditioner to a portable air conditioner constituted a reduction in services, or even a modification or substitution in required services.
Tell v. First Service Residential NY Inc.: Index No. 158948/2018, 2022 NY Slip Op 30273(U), NYLJ No. 1644271812 (Sup. Ct. NY; 1/27/22; Kotler, J)