Tenant Must Give Landlord Access to Cure Violation in HP Case

August 31, 2009

LVT Number: #22158

Tenant sued landlord in housing court, claiming that there was mold and bubbling wall conditions in his apartment. After a hearing on the underlying cause of the conditions, the court ruled for tenant. Landlord appealed, claiming that no hearing was warranted and that it wasn't given access to abate the condition. The appeals court ruled for landlord in part. The housing court was authorized, in tenant's HP proceeding, to hold a hearing to determine the causes of the conditions.

Tenant sued landlord in housing court, claiming that there was mold and bubbling wall conditions in his apartment. After a hearing on the underlying cause of the conditions, the court ruled for tenant. Landlord appealed, claiming that no hearing was warranted and that it wasn't given access to abate the condition. The appeals court ruled for landlord in part. The housing court was authorized, in tenant's HP proceeding, to hold a hearing to determine the causes of the conditions. But landlord should have been granted immediate access to abate the violations found to exist within tenant's apartment and cited in the HPD inspection report. Tenant was ordered to give landlord access within 10 days.

Osman v. Kirschenbaum: NYLJ, 8/19/09, p. 35, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

Topics

More like this