Tenant Claims Landlord Blocked Apartment Access to Subtenant

March 7, 2007

LVT Number: 19394

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord illegally blocked tenant's subtenant from taking possession of the apartment. The court dismissed tenant's claim, finding that it was unrelated to the nonpayment issue. Tenant appealed and won. The appeals court reopened the case. If landlord prevented subtenant from entering the apartment, landlord, in effect, evicted tenant. This would affect whether tenant owed the back rent claimed by landlord. A trial was needed to determine the facts.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord illegally blocked tenant's subtenant from taking possession of the apartment. The court dismissed tenant's claim, finding that it was unrelated to the nonpayment issue. Tenant appealed and won. The appeals court reopened the case. If landlord prevented subtenant from entering the apartment, landlord, in effect, evicted tenant. This would affect whether tenant owed the back rent claimed by landlord. A trial was needed to determine the facts.

150 Greenway Terrace, LLC v. Cullen: NYLJ, 1/17/07, p. 29, col. 5 (App. T. 2 Dept.; Pesce, PJ, Weston, Patterson, Belen, JJ)

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