Alan Kazlow Quoted in the New York Times
“No Air-Conditioners in Front, Co-op Says”

Alan Kazlow was quoted in the Real Estate Q & A column of the New York Times on July 27. The letter-writer questioned whether it was legal for his co-op to pass a policy that requires owners of units facing the street to remove their window air-conditioners when they sell their apartments. The letter-writer had speculated that this was unequal treatment of shareholders.

Alan replied, “I don’t think this is unequal treatment of shareholders.” He noted that the co-op’s board can use its discretion in maintaining the appearance and safety of the building. Alan further noted, however, that if a proprietary lease includes a specific provision that allows tenant-shareholders to have air-conditioners, an argument could be made that the board was in violation of the lease by requiring that the air-conditioners in the front of the building be removed.