Landlord Can Seek Tenant's Eviction for Denying Access

December 1, 1996

LVT Number: 11046

Landlord NYCHA sued to evict tenant for denying access to make necessary repairs caused by tenant's lack of care for the apartment. Landlord had terminated the tenancy in 1991 for this reason but had delayed the eviction action for over four years. Tenant claimed that the case should be dismissed due to the delay. The court ruled against tenant. Although there had been a lengthy delay since NYCHA's hearing, tenant still wasn't permitting access. There was an ongoing risk to other tenants because of the conditions in tenant's apartment.

Landlord NYCHA sued to evict tenant for denying access to make necessary repairs caused by tenant's lack of care for the apartment. Landlord had terminated the tenancy in 1991 for this reason but had delayed the eviction action for over four years. Tenant claimed that the case should be dismissed due to the delay. The court ruled against tenant. Although there had been a lengthy delay since NYCHA's hearing, tenant still wasn't permitting access. There was an ongoing risk to other tenants because of the conditions in tenant's apartment.

NYCHA v. Falleder: NYLJ, p. 29, col. 5 (11/27/96) (Civ. Ct. NY; Malatzky, J)

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