- Cooperative Board Authorized to Evict Tenant That Made Unauthorized Alterations and Failed to Comply With Stipulations
- January 29, 2016
- Law Firm: Ganfer Shore LLP - New York Office
- An appellate court has authorized a Cooperative to evict a tenant who made unauthorized renovations to her apartment and failed to comply with a series of negotiated stipulations. 35 Jackson House Apartments Corp. v. Yaworski, 2015 N.Y. Misc. LEXIS 4681, 2015 N.Y. Slip Op. 51887(U) (App. Term 2d Dep’t Dec. 15, 2015).
After the tenant made the unauthorized renovations, the Cooperative served a notice to cure and then filed a “holdover” eviction proceeding against her in Housing Court. The parties then negotiated a stipulation of settlement, which was “so ordered” by the court. The stipulation required the tenant to take certain actions within 30 days, “including hiring a licensed and insured plumber, electrician, and architect and/or structural engineer to inspect the premises and ensure the alterations complied with code requirements.” The tenant did not meet this deadline. Twice the Cooperative returned to court, arguing that the tenant had not complied with the stipulation. Both times, the court extended the deadline, but directed the tenant to comply with the stipulation. The tenant-shareholder still did not comply fully, and the Cooperative filed a third motion.
At this point the court’s patience was exhausted, and it authorized the Cooperative to execute a warrant of eviction against the tenant. The appellate court affirmed this ruling, agreeing that the tenant had failed to “substantially comply” with the stipulation to which she had agreed, and that eviction was warranted in light of the repeated defaults.