Tenant Denied Access for Repairs

September 30, 2011

LVT Number: #23641

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she witheld rent because landlord breached the warranty of habitability. The court ruled for landlord after a trial, finding that tenant owed $13,000 in back rent. Tenant appealed and lost. Tenant claimed that landlord failed to make repairs to her apartment. But landlord showed that tenant had denied access to her repairmen and that, once access was granted, conditions complained of were corrected.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she witheld rent because landlord breached the warranty of habitability. The court ruled for landlord after a trial, finding that tenant owed $13,000 in back rent. Tenant appealed and lost. Tenant claimed that landlord failed to make repairs to her apartment. But landlord showed that tenant had denied access to her repairmen and that, once access was granted, conditions complained of were corrected. Tenant also failed to show that any conditions were severe enough to establish a breach of the warranty of habitability.

Bebry v. Kruglova: NYLJ, 9/29/11, p. 29, col. 5 (App. T. 2 Dept.; Pesce, PJ, Golia, Steinhardt, JJ)

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