Apartment Access Not Needed to Abate Discolored Water Flowing from Bathtub

Tenant brought an HP action against landlord, seeking a court order to correct violations. Access dates were selected in court so that landlord could correct a violation issued to abate a nuisance caused by discolored hot water supply at the bathtub. Additional access dates were to be provided on 48-hours' notice via landlord's email to tenant. Several months later, tenant claimed that the violations hadn't been corrected. The court scheduled new access dates. Landlord later claimed that tenant didn't give access on the scheduled dates. After a hearing, the court found that tenant hadn't denied access. The court also ruled that access wasn't necessary to abate the nuisance of discolored water. Considering the time that had passed since the water supply violation was issued, the court also adjourned the case for a status update on the water condition.

Dobrotvitsky v. Bronsteins Props. LLC: Index No. 553/21, 2021 NY Slip Op 51274(U), NYLJ No. 1642517793 (12/21/21)