Landlord Harassed Tenant Through Unreasonable Access Demands

June 22, 2021

LVT Number: #31473

Landlord brought a summary proceeding against tenant, seeking a money judgment for nonpayment of rent. Tenant counterclaimed for harassment and breach of the warranty of habitability. The court granted tenant's request to dismiss landlord's case. Tenant also proved the existence of claimed apartment conditions. Landlord's demands for access to make repairs were unreasonable, considering the fact that tenant provided eight days of access in one year, and landlord would routinely use an entire eight-hour day to just inspect conditions.

Landlord brought a summary proceeding against tenant, seeking a money judgment for nonpayment of rent. Tenant counterclaimed for harassment and breach of the warranty of habitability. The court granted tenant's request to dismiss landlord's case. Tenant also proved the existence of claimed apartment conditions. Landlord's demands for access to make repairs were unreasonable, considering the fact that tenant provided eight days of access in one year, and landlord would routinely use an entire eight-hour day to just inspect conditions. Landlord also harassed tenant by sending letters routinely threatening eviction on the ground of denial of access. This substantially interfered with tenant's peace and comfort.

Food First HDFC Inc. v. Turner: Index No. 78894/2019, 2021 NY Slip Op 31128(U)(Civ. Ct. Kings; 3/22/21; Stoller, J)

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