HABITAT
May a Co-op Board Make Repairs that Reduce the Size of Your Apartment?
Written by Richard Siegler and Dale J. Degenshein on December 19, 2013
Dec. 19, 2013 — Maro Goldstone is a shareholder of Gracie Terrace Apartment Corporation, at 605 East 82nd Street, a.k.a. 1 Gracie Terrace, in Manhattan. She and her husband, Thomas R. Newman, suffered extensive damage to their apartment when a 10,000-gallon water tank above them overflowed in 2003. The co-op's plan for remediation required a 50-square-foot reduction in the 1,400-plus-square-foot apartment. Goldstone objected, claiming the proposal violated the terms of the proprietary lease. So: May a cooperative corporation, when repairing an apartment, reduce its size?
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