No Rent Abatement for Tenant Who Didn't Provide Access

May 31, 2011

LVT Number: #23426

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled against tenant. Although landlord had attempted to gain access to tenant's apartment to make repairs, tenant had denied landlord access. So she wasn't entitled to any rent abatement.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled against tenant. Although landlord had attempted to gain access to tenant's apartment to make repairs, tenant had denied landlord access. So she wasn't entitled to any rent abatement.

150-15 79th Avenue Owners Corp. v. James: NYLJ, 5/2/11, p. 23, col. 4 (App. T. 2 Dept.; Golia, JP, Pesce, Rios, JJ)

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