Upstairs Tenant Must Give Access for Repair of Leak

August 31, 2002

LVT Number: 16043

Tenant sued landlord to repair water leak damage. An HPD inspector found that the damage was caused by leaks from the apartment above, but tenant's upstairs neighbor refused to give landlord access to make repairs to her leaking bathtub. The court ruled that the upstairs neighbor had violated the law and that an emergency condition existed. The court ordered the neighbor to give access to landlord. If she refused to do so, the court authorized the NYC Police Department to help landlord get access to the apartment.

Tenant sued landlord to repair water leak damage. An HPD inspector found that the damage was caused by leaks from the apartment above, but tenant's upstairs neighbor refused to give landlord access to make repairs to her leaking bathtub. The court ruled that the upstairs neighbor had violated the law and that an emergency condition existed. The court ordered the neighbor to give access to landlord. If she refused to do so, the court authorized the NYC Police Department to help landlord get access to the apartment.

Bridgett v. NYCHA: NYLJ, 8/21/02, p. 19, col. 6 (Civ. Ct. Bronx; Gonzalez, J)

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