Landlord Doesn't Prove Tenant Didn't Provide Access
LVT Number: #27824
Landlord sued to evict rent-stabilized tenant for failing to provide access to an exterminator on four dates in April 2016, and failing to cure this condition by July 15, 2016. Landlord claimed that tenant failed to provide sufficient access and that there were flies throughout the apartment, and that walls were covered in grease and stained with flies, roaches, and a noxious odor. While the case was pending, the court conducted an apartment inspection and didn't observe the claimed conditions. The exterminator also arrived during the inspection and tenant permitted access. The court then granted tenant's request to dismiss the case. Tenant showed that she provided access to the exterminator in July 2016, which was after service of the notice to cure and before service of the termination notice. Landlord didn't deny this, and landlord's notice didn't indicate which specific provisions of the Rent Stabilization Code tenant had violated.
JJ&J Associates, LLC v. Jennings: Index No. L&T84123/16, NYLJ No. 1202789583612 (Civ. Ct. Kings; 6/5/17; Ortiz, J)