Commercial Landlord-Tenant—Tenant Alleged Landlord Wrongfully Stopped Construction and Imposed Unreasonable Audits and Information Requests That Doubled Construction Budget—Court Denied Claims for Declaratory Judgment and Permanent Injunction, But Held That Commercial Tenant Harassment Claim May Proceed—Admin. Code Commercial Tenant Harassment Provisions Do Not "Expressly Provide That Its Provisions Can Be Waived" and "Waiver of Harassment Protection Would Otherwise Likely Be Void On Public Policy Grounds"

A landlord and a commercial tenant entered into a lease amendment involving cellar space. The tenant intended to convert existing office space into a restaurant and bar. Except for a landlord construction allowance, the tenant was to bear the costs of converting the space.

The landlord had "pre-approved" the tenant's "initial plans and designs." The lease provided that "[o]nly if tenant chose to depart significantly from those plans did the lease afford landlord certain additional review and approval rights." If the tenant changed its plans, the tenant was obligated to submit "detailed architectural, engineering and mechanical plans for landlord's review and approval."