Tenants Need Permission to Rebuild Former Separating Wall

Facts: Rent-stabilized tenants, husband and wife, moved into apartment A in 1979. In 1983, they also rented adjoining apartment B. The lease for apartment B stated that tenants could connect the two apartments by building an entrance through the foyer areas only. The lease also said that tenants deposited $700 that could be used for restoring the proposed opening. Tenants lived together in the two apartments until they were divorced some time later. Tenant wife then claimed that she had moved out and wanted to reconstruct the separating wall because tenants’ daughter would live in apartment B. Landlord refused permission to do so. Tenant sued landlord and won. Landlord appealed.

Court: Landlord wins. The lease didn’t give tenants permission to reconstruct the wall absent landlord’s permission. In fact, it states that tenants can’t “build in, change, or alter” the apartment without landlord’s permission. Another lease clause directing tenants to “restore and repair” the apartment to its original condition was clearly intended to apply to bookcase or cabinet installations.

Bazin v. Walsam 240 Owner LLC: NYLJ, 2/17/10, p. 26, col. 1 (App. Div. 1 Dept.; Tom, JP, Saxe, Sweeny, Acosta, Freedman, JJ)