Q: We’ve been fortunate to live in a rent-stabilized apartment on the Upper East Side for more than 40 years. Although it’s a rental, we have treated it as our own, making cosmetic changes along the way. Our kitchen is nearly 60 years old and needs new cabinets and countertops, and several rooms need to be painted. The building’s painter would paint the rooms we want, but would not move any of our things and would not repair large chips in the kitchen cabinets. The landlord has renovated vacant apartments, but the quality is poor. We’d like to make these changes on our own, at our expense, but our landlord says no. What can we do?
A: In most cases, tenants cannot make alterations or improvements to a rental apartment without the landlord’s permission. Going ahead with your own renovation plans, even at your expense, could put you at risk of being sued for eviction or other penalties.
Check your lease to see what changes you are allowed to make.
“Many tenants wish to have higher-quality cabinets, flooring or appliances than the law requires, but by installing these updates without the permission of the landlord, they run the risk of violating the terms of their lease,” said Jonathan Steckler, a lawyer with Goldberg, Lustig & Steckler in Brooklyn.
However, Mr. Steckler said, courts have occasionally determined that alterations and improvements do not violate the terms of a lease, in spite of language that forbids them. It’s case by case, but generally, substantial violations occur when the work materially changes the nature and character of the apartment, or if the apartment suffers lasting injury, he said. You could consult a lawyer and get an opinion on how courts might view your planned changes.
Your apartment has to comply with city codes, including the warranty of habitability. This means the sink cannot be rusted out and the cabinets have to be in working order. If your kitchen is not up to code and you want to complete the renovations yourself, try to work with your landlord. If a city inspector came to your apartment and found violations, the landlord would be required to fix them, so perhaps you can find an agreement that allows you to make the changes you want to make.
Just keep in mind that it’s a matter of habitability, not aesthetics, said Justin C. Brasch, a lawyer in Manhattan. “If they’re just not beautiful,” he said, “you’re not going to win in New York.”
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