Suit for Violation of Lease

The most common proceeding brought to evict a tenant in this nature of proceeding is because the tenant has made substantial alterations in the apartment.
While lately the Courts in New York are starting to look with disfavor as to this kind of proceeding and the tenant may well win the litigation or receive an adverse result short of eviction if the tenant loses, the short answer here is do not make any substantial alterations in your apartment whether regulated or unregulated without the written consent of the landlord.
If you get into this type of litigation in New York you are going to find you are going to need a lawyer and the litigation whether you win or lose really was never worth it to the tenant in terms of time and expense.
So your kitchen cabinets are rotting and roach infested you cannot go on living this way — what do you do?
If you want to change them or such other condition in the apartment, you can sit right down and write the following nature of letter to your landlord:

Dear Mr. Landlord:
As I have previously informed you the (whatever you wish to change) is in a defective condition (describe the condition).
If you will give me written consent I am prepared at my own cost and expense to remedy the matter. (Describe here what you specifically intend to do.)
I hope that this meets with your approval so that this matter can be resolved amicably.
I enclose a duplicate of this letter also signed by me for your file. Please countersign this letter at the foot thereof.
Very truly yours,
_________________________
Agreed and consented to
_____________________ Landlord

But suppose the landlord says no or that he will make the alteration but only if you consent to a rent increase.
Your next step is to write a different letter which will read:

Dear Mr. Landlord:
I enclose pictures of the complained of condition. You now have ______ days to correct the condition at your own cost and expense. If this is not done I will exercise all or any one of my rights:
(a) (If a rent regulated apartment). I will utilize this letter as a predicate to applying for an apartment rent reduction before the New York State Division of Housing and Community renewal.
(b) (Whether regulated or not) I will use this letter as a predicate to filing an HP action in landlord tenant court.
Of course my first offer in my letter dated ______________ still stands so the ball is now in your court. I wish to hear from you by return mail.
Very truly yours,
______________________


Note this second letter should be sent as follows first by certified mail return receipt requested and at the same time a copy should be mailed by first class mail return receipt.

Robert A. Katz
Counsel to Queens League of United Tenants