Tenant Altered Apartment for Karate School

Landlord sued to evict residential tenant based on a breach of a substantial obligation of the tenancy. Landlord claimed that tenant made illegal alterations and used the apartment for a karate school. Landlord also claimed this violated the local zoning resolution. The court ruled for landlord in part, finding that tenant breached his lease because landlord's consent was required for alterations. But the court dismissed without prejudice the portions of landlord's lawsuit that claimed commercial use of the premises. The court stayed issuance of an eviction warrant to permit tenant to cure the breach of his lease by removing partition walls and restoring a panel. The court also noted that operation of the karate school was illegal but that landlord had waived its objection to the operation of the school absent a violation of health and safety standards or injury to the building.

Sam & Joseph Sasson LLC v. Guy: 2019 NY Slip Op 50141(U), NYLJ No. 1545896152 (Civ. Ct. NY; 12/14/18; Stoller, J)