No Rent Abatement for Tenant Who Denied Access for Repairs

April 9, 2007

LVT Number: 19465

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had breached the warranty of habitability, and tenant asked for a rent abatement. The court ruled for landlord and found that tenant owed the full amount of back rent claimed. Tenant appealed and lost. Tenant had complained to landlord about apartment conditions, but denied access to landlord's repair staff. When tenant eventually granted access, the conditions were repaired. The lower court had properly ruled that tenant wasn't entitled to a rent abatement.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had breached the warranty of habitability, and tenant asked for a rent abatement. The court ruled for landlord and found that tenant owed the full amount of back rent claimed. Tenant appealed and lost. Tenant had complained to landlord about apartment conditions, but denied access to landlord's repair staff. When tenant eventually granted access, the conditions were repaired. The lower court had properly ruled that tenant wasn't entitled to a rent abatement.

Brookwood Mgmt. Co. v. Melius: NYLJ, 2/26/07, p. 47, col. 5 (App. T. 2 Dept.; Rudolph, PJ, McCabe, Tanenbaum, JJ)

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