Landlord Claims Tenant Won't Permit Repairs

After sending a 10-day notice to cure, landlord sued to evict rent-stabilized tenants, claiming that they refused access to replace a non-working stove and defective living room shades. The court ordered repair dates. Landlord replaced shades but claimed that, due to apartment clutter that barred a clear path, it was unable to install the new stove. Later at trial, landlord's staff testified about the apartment clutter. Tenant testified that the apartment was cluttered because water damage in the apartment was coming in through the ceiling, and that she didn't want to move her belongings because she didn't believe that landlord would actually provide a new stove. Tenant instead bought her own new stove and had it installed.

The court ruled against landlord based on tenant's testimony that she had an operable stove in her apartment. But tenant was ordered to permit landlord's inspection to confirm that there was a working stove, and the parties were directed to submit proof confirming that the inspection took place and whether there was a working stove in the apartment.

Quincy Capital, LLC v. Ayton: 56 Misc.3d 1222(A), 2017 NY Slip Op 51124(U) (City Ct. Mt. Vernon; 9/5/17; Seiden, J)