Tenant Destroyed Apartment and Denied Access for Repairs

November 1, 2002

LVT Number: 16174

Facts:Tenant and HPD sued landlord to get heat and hot water. The court found that tenant was responsible for providing her own gas-fuel heat and hot water. Still, landlord agreed in court to pay HPD $8,000 to settle a claim for penalties. HPD later asked the court to hold landlord in contempt for not providing tenant with heat and hot water. Landlord denied the charges and asked the court to vacate the settlement agreement. Tenant had refused access for repairs, caused flooding, and otherwise destroyed the apartment before moving out. Court:Landlord wins.

Facts:Tenant and HPD sued landlord to get heat and hot water. The court found that tenant was responsible for providing her own gas-fuel heat and hot water. Still, landlord agreed in court to pay HPD $8,000 to settle a claim for penalties. HPD later asked the court to hold landlord in contempt for not providing tenant with heat and hot water. Landlord denied the charges and asked the court to vacate the settlement agreement. Tenant had refused access for repairs, caused flooding, and otherwise destroyed the apartment before moving out. Court:Landlord wins. Tenant clearly had denied landlord access to make necessary repairs and had deliberately destroyed the apartment. Landlord shouldn't be punished for tenant's creation of her own misery.

HPD v. Maccarone: NYLJ, 10/16/02, p. 24, col. 4 (Civ. Ct. Richmond; Lebovits, J)

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