Tenant Didn't Provide Access for Repairs

March 1, 1996

LVT Number: 10450

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. But landlord claimed that tenant didn't provide access for repairs. The court ruled for landlord and gave tenant no rent abatement based on his ''willful'' refusal to provide access. Tenant appealed. Tenant showed that after the nonpayment trial, the DHCR issued an order reducing tenant's rent based on reduced services. The rent reduction order was retroactive for several years.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. But landlord claimed that tenant didn't provide access for repairs. The court ruled for landlord and gave tenant no rent abatement based on his ''willful'' refusal to provide access. Tenant appealed. Tenant showed that after the nonpayment trial, the DHCR issued an order reducing tenant's rent based on reduced services. The rent reduction order was retroactive for several years. The appeals court adjusted the amount of back rent tenant owed landlord in the nonpayment case to reflect the refund due tenant under the DHCR order.

Hudson Towers Associates v. Rubackin: NYLJ, p. 29, col. 1 (2/9/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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