OWNER NEEDED TO DO “URGENT AND NECESSARY REPAIRS”
In the context of a case filed with the New York County Civil Court’s Housing Part, the judge issued an order with directed the tenant to allow her landlord access to her apartment for the purpose of making repairs.
On appeal, the Appellate Term, First Department, cited to the Housing Part’s “expansive jurisdiction” over its cases and that it has the power to “enforce proper housing standards.” To that end, the AT1 was the view that access had been appropriately directed, so that owner could “complete urgent and necessary repairs.”
In support of its determination, the AT1 cited to Administrative Code of City of NY § 27-2008, which provides as follows:
“No tenant shall refuse to permit the owner, or his or her agent or employee, to enter such tenant's dwelling unit or other space under his or her control to make repairs or improvements required by this code or other law or to inspect such apartment or other space to determine compliance with this code or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner .…”
Now how accessible was that?
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DECISION