Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    houses in Queens, NY
    Live
    Ossé calls on Hochul to halt evictions for deed theft victims
    NYC buildings along the East River
    Co-ops
    Submitting a co-op board package? Starting this summer, you’ll be approved (or rejected) much faster
    25 Broad St., # 17P, is a one bedroom on the market for $985,000.
    Rent
    Financial District takes the #1 spot on StreetEasy’s top neighborhoods to watch in 2026
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    snow covered cars parked along streets in Brooklyn, NY.
    Rent
    State lawmakers propose pausing evictions during winter
    cast iron radiator next to a window
    Live
    Is your rent-stabilized apartment too hot in winter? This tenant group wants to know
    Apartment building staircase
    Rent
    Ask Altagracia: I have trouble walking up stairs. Can I ask my landlord to move me to a lower floor?
    Sponsored By Outerbridge Law P.C.
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    image
    Staging + Open Houses
    The best plants for staging your NYC apartment to sell in winter
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
    Lower Manhattan buildings
    Sell
    Manhattan deals and median sales price rise for fifth consecutive time
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    cast iron radiator next to a window
    Live
    Is your rent-stabilized apartment too hot in winter? This tenant group wants to know
    houses in Queens, NY
    Live
    Ossé calls on Hochul to halt evictions for deed theft victims
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Park Avenue kitchen update by Prime Renovations with IKEA cabinets
    Renovation
    IKEA vs. Home Depot: Which should you choose for a NYC kitchen renovation?
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
    one-bedroom floor-through loft at 419 Wythe Ave. in Williamsburg
    Renovation
    The 7 best ways to find a short-term rental while you renovate your NYC apartment
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Manhattan downtown skyline at sunrise
    Rent
    Ask Altagracia: My landlord threatened to raise my rent after I reported unsafe wiring. What are my rights?
    Sponsored By Outerbridge Law P.C.
    Apartment building staircase
    Rent
    Ask Altagracia: I have trouble walking up stairs. Can I ask my landlord to move me to a lower floor?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: Can my landlord charge me extra if I build shelves into my apartment?

By Himmelstein McConnell Gribben & Joseph LLP  | April 1, 2015 - 3:15PM
image
SHARE:
Share to Facebook
Share to Twitter
Print
More...

Dear Sam: I'm moving into a rent stabilized NYC apartment and want to install wall mounted shelving. Does this constitute an "improvement" or "alteration" requiring written consent of the landlord? If approved, will this give my landlord legal grounds to increase the rent? Can the landlord expect me to leave the shelving in the apartment when I move out?

"Everybody puts shelves in their apartment,"  says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations. "If you're talking about things that require brackets and mollys—a shelf to hold your books or records—I've never seen a landlord object to putting up shelves."
 
As with any changes you make to an apartment (painting, for instance), you will be required to restore the place to its original condition before moving out, which in this case means removing the shelves and spackling the holes. The only kind of upgrade you'd be required to leave behind is something major enough to qualify as a "fixture," something that couldn't be removed without damaging the apartment. This kind of issue rears its head more frequently in commercial leases than in residential apartments—for instance, a commercial tenant adding a full commercial kitchen to a retail space.

However, kitchen cabinets that are attached to the walls with heavy-duty bolts and have doors can qualify as "fixtures"—and therefore an "alteration"—to your apartment, so if this is the kind of shelving you had in mind, be sure to hammer out an agreement with the landlord first. Almost all residential leases contain enforceable clauses which prohibit tenants from performing alterations without prior written consent of the landlord.  If they want you to leave it in the apartment when you move, be sure to get this provision in writing so you they can't try to use your alterations as an excuse to withhold your security deposit down the road.

In any case, the landlord definitely can't charge you extra for work you've done yourself.  The only way the landlord could up the rent for something like this after you take occupancy would be if they did work on your apartment that was significant enough to justify a rent increase—often this means adding in new appliances or kitchen cabinets. In this case, you'd have to sign a written document agreeing to have the work done, and consenting to the rent increase  and the landlord would be allowed to charge 1/40th or 1/60th of the cost of work. "It's like a Major Capital Improvement, in that it's a permanent increase in the monthly legal regulated rent," says Himmelstein.

Related: 

Ask Sam: What's a "major capital improvement," and does it really mean my landlord can raise the rent?

Ask Sam: My landlord's renovation is making my life miserable. What are my rights?

Ask Sam: How do I find out if my apartment should be rent-stabilized—and if the landlord owes me money?

Security deposit self-defense: what you need to know now?

See all Ask a Renters' Rights Lawyer


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia boards cabinets & shelving landlords major capital improvements Neighbors Renovation rent regulation sponsor story staff
SHARE
TWEET
BRICK’S PICKS
Manhattan apartment building
Cool homes for all: A guide to NYC’s new AC mandate for rentals
renovating before selling
How much should you renovate your NYC apartment or house before selling?
staged outdoor space NYC at 212 East 70st St. #4b
Selling in winter? Here's how to stage your outdoor space
Man looking at his phone in NYC street
Why you should check reviews from current tenants before you sign a new lease
brownstone NYC
You bought a NYC brownstone. How are you going to manage it?
three-bedroom duplex condo in Williamsburg is listed for $1.8 million
How much does moving to the suburbs cost vs. staying in NYC?
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS