Condo Owner Must Give Landlord Access to Remove Mold

Landlord condominium board sued apartment owner for damages and to gain access for inspection and removal of a severe mold condition. Apartment owner claimed that landlord shouldn't be allowed in unless it complied with owner's mold remediation plan, paid the full costs, and added owner to its insurance policy as an additional insured. The court ruled for landlord. Landlord could enter the apartment for examination and testing and to work under its own remediation plan. Otherwise, both landlord and unit owner will suffer harm because the building will deteriorate and apartment owner will be delayed in moving back into the unit. The question of who has to pay for remediation and renovation expenses would be decided at the end of the case.

Board of Managers v. Manhattan L.B. Living Trust: NYLJ, 11/30/09, p. 18, col. 1 (Sup. Ct. NY; York, J)