Tenant Denied Access for Repairs

March 1, 2006

LVT Number: 18674

Landlord sued to evict tenant for not providing access to make repairs and remove housing violations. The court ruled for landlord after a trial, finding that tenant consistently refused access. Tenant appealed. The appeals court ruled for tenant in part. Landlord was entitled to a judgment of possession. But under RPAPL 753(4), tenant was entitled to correct the violation by providing access. Tenant could avoid eviction after judgment by granting access within 10 days after landlord sent him a copy of the court order. The court's order was modified to add this provision.

Landlord sued to evict tenant for not providing access to make repairs and remove housing violations. The court ruled for landlord after a trial, finding that tenant consistently refused access. Tenant appealed. The appeals court ruled for tenant in part. Landlord was entitled to a judgment of possession. But under RPAPL 753(4), tenant was entitled to correct the violation by providing access. Tenant could avoid eviction after judgment by granting access within 10 days after landlord sent him a copy of the court order. The court's order was modified to add this provision.

1225 Realty Corp. v. Bethea: NYLJ, 2/1/06, p. 24, col. 2 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

Topics

More like this