Landlord Claims Tenant Denied Access for Repairs

April 30, 2002

LVT Number: 15761

Landlord sued to evict rent-stabilized tenant for not giving access for repairs. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord appealed and won. The Rent Stabilization Code states that refusal to give access can be grounds for eviction if tenant has been given at least five days' notice. Tenant claimed that landlord never gave sufficient notice when requesting access, but the lower court didn't base its ruling on any facts. Tenant didn't provide access for several inspections ordered by the DHCR.

Landlord sued to evict rent-stabilized tenant for not giving access for repairs. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord appealed and won. The Rent Stabilization Code states that refusal to give access can be grounds for eviction if tenant has been given at least five days' notice. Tenant claimed that landlord never gave sufficient notice when requesting access, but the lower court didn't base its ruling on any facts. Tenant didn't provide access for several inspections ordered by the DHCR. The appeals court reopened the case for fact-finding.

Anderson v. Bidlo: NYLJ, 4/2/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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