Tenant Unreasonably Refused to Let Landlord Replace Wood Floor

Landlord sued to evict rent-stabilized tenant for refusing to give landlord access for repairs. Landlord had received a housing code violation based on missing wood floor tiles throughout the apartment. Tenant claimed that the glue landlord would use to install new floor tiles would be harmful to her health. At the trial, tenant's dentist testified that tenant was sensitive to fumes. The court ruled for landlord. Tenant's refusal to permit repairs was unreasonable. Any potential risks to tenant's health from repair work were short-term. Tenant faced much greater possible harm from the damaged parquet wood floors. Tenant admitted that she had tripped on loose and missing floor boards at least several times. This condition created an ongoing risk to tenant's health and safety. The court granted landlord a judgment of possession but gave tenant 10 days to cure by giving access, to avoid eviction.

MHM Sponsors Co. v. Hirsch: NYLJ, 3/7/07, p. 18, col. 1 (Civ. Ct. NY; Cohen, J)