Roth v. Kelley

OPINION OF THE COURT

Maurice Harbater, J.

This is a holdover summary proceeding brought by petitioners against rent controlled tenants in a 20-family multiple dwelling for violating substantial obligations of their tenancy, to wit; installation of a window air conditioner and a direct electrical line from the building basement to their apartment.

*464The lease covering this apartment, which expired 10 years ago, contained a restriction against the installation of an air conditioner without the written consent of the landlord. However, the tenant testified that the superintendent installed their air…