Tenant Doesn't Provide Access

March 20, 2014

LVT Number: #25372

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding it possession and rent arrears totaling $3,400. Tenant appealed and lost. The court had awarded tenant some rent abatement, but tenant claimed that he should have received more. The appeals court ruled against tenant. The lower court fairly ruled that the noise and vibration conditions that tenant complained about weren't as severe as tenant claimed. The amount of the rent abatement obtained was reasonable.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding it possession and rent arrears totaling $3,400. Tenant appealed and lost. The court had awarded tenant some rent abatement, but tenant claimed that he should have received more. The appeals court ruled against tenant. The lower court fairly ruled that the noise and vibration conditions that tenant complained about weren't as severe as tenant claimed. The amount of the rent abatement obtained was reasonable. The trial court also correctly denied any abatement after March 2011 based on tenant's admitted failure to give access to landlord's engineer after he had agreed in court to do so. 

Bellevue South Associates v. Torres: 42 Misc.3d 137(A), 2014 NY Slip Op 50143(U) (App. T. 1 Dept.; 2/6/14; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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