1250 Broadway, 27th Floor New York, NY 10001

COHEN IN THE TIMES: ON RENOVATING A STABILIZED APARTMENT

This week, our colleague -- Debra S. Cohen (pictured left) -- can be found on the New York Times website responding to a reader's question about renovating a stabilized unit.

A copy of that piece follows:

Stabilized Tenant Upgrades Kitchen

Q. I live in a rent-stabilized apartment in New York. I have made some upgrades — including installing new kitchen counters — at my own expense. This was done with the superintendent’s knowledge and assistance. When the landlord renews my lease, is he permitted to charge a surcharge for the upgrades? Does any of this subject me to penalties or possible eviction?

A. “There would be no legal basis for a surcharge,” said Debra S. Cohen, a Westchester real estate lawyer.

Ms. Cohen said that while the rent laws allow for an increase in rent when a landlord makes substantial repairs or improvements to a rent-stabilized apartment, the rules assume the landlord paid for the upgrade. Since this tenant paid for the upgrades, she cannot be forced to pay a surcharge by the landlord. Ms. Cohen said that although a tenant could be evicted for making unauthorized renovations in an apartment, the letter writer can maintain that the superintendent, who is the landlord’s agent, failed to object to what was done, so it is unlikely the landlord could evict her.

LINK TO THE ORIGINAL ARTICLE

Categories: