Tenant Repeatedly Refused Access to Landlord

September 28, 2017
LVT Number: #27954

(Decision submitted by Paul Gruber, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord sued to evict rent-stabilized tenant who repeatedly refused access for inspection and performance of repairs. The court ruled for landlord. Tenant appealed and lost. Tenant argued that the housing court didn't give him a post-judgment opportunity to cure as required under Real Property Actions and Proceedings Law Section 753(4). But the appeals court ruled that the housing court exercised proper discretion. Tenant had intentionally and repeatedly refused to grant access to landlord over the course of several years, and had been held in contempt by another court in a related HP proceeding where tenant also refused access. [Download PDF of decision here.]

 

311 Lincoln Place Investor, LLC v. Woldmarian: Docket No. 2014-1610 KC (App. T. 2 Dept.; 8/18/17; Elliot, JP, Pesce, Solomon, JJ) [2-pg. doc.]

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