Tenant's Air Conditioner Installation Didn't Violate Rent-Stabilized Lease

Landlord sued to evict rent-stabilized tenant for breaching multiple lease provisions by installing and using an air conditioner in the living room window of his apartment instead of  the interior air conditioner sleeve provided in the apartment. Tenant argued that prior landlord had waived any right to pursue this claim through delay and that the claim was barred by the statute of limitations. Landlord, in response, stated that because tenant replaced the air conditioner with a new unit in 2019, the statute of limitations and time period for waiver restarted.

The court ruled against landlord, finding that landlord waived the right to enforce any theoretical breach of lease. The court also found that tenant's 2019 replacement of the air conditioner didn't trigger any resetting of the clock on the waiver argument because the waiver applied to the use of the apartment window to house the air conditioner.

140-60 Beech, LLC v. Madan: Index No. LT-310571/23, NYLJ No. 1710836964 (Civ. Ct. Queens; 3/15/24; Schiff, J)