Landlord Must Answer Tenants' Questions About Economic Unfeasibility of Repairs

June 30, 2004

LVT Number: 17429

Tenants' association sued landlord to force repair of their building after a fire. Landlord claimed that repairs were economically unfeasible. Tenants asked the court for permission to inspect the building and to ask landlord questions before the trial to get further information. The court ruled for tenants. Landlord can't claim economic unfeasibility if landlord's hardship is self-inflicted because it didn't maintain the building, violated its obligations under applicable law, or illegally withheld services to force tenants to leave.

Tenants' association sued landlord to force repair of their building after a fire. Landlord claimed that repairs were economically unfeasible. Tenants asked the court for permission to inspect the building and to ask landlord questions before the trial to get further information. The court ruled for tenants. Landlord can't claim economic unfeasibility if landlord's hardship is self-inflicted because it didn't maintain the building, violated its obligations under applicable law, or illegally withheld services to force tenants to leave. So landlord must answer tenants' pretrial questions to help discover the facts. Tenants' request for face-to-face questioning was denied.

153-155 Essex St. Tenants Assn. v. Kahan: NYLJ, 6/9/04, p. 22, col. 1 (Civ. Ct. NY; McClanahan, J)

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