Tenant Refused Access for Bedbug Extermination

Landlord sued to evict tenant for objectionable conduct after tenant refused to allow access for the treatment of a bedbug condition in her apartment. The court ruled for landlord. Tenant appealed and lost. Landlord proved not only that tenant failed to provide access, but that she failed to cure this breach of her lease when given notice to do so or face eviction. Although tenant eventually permitted access, she didn't prepare the apartment so that the exterminators could do their work. And although tenant claimed retaliatory eviction, there was no proof of this and proceedings based on tenant's violation of her lease terms were exempt from the presumption of retaliation under Real Property Law Section 223-b.

London Terrace Associates v. Perykaz: NYLJ, 5/11/12, p. 27, col. 4 (App. T. 2 Dept.; Nicolai, PJ, LaCava, Iannacci, JJ)