LANDLORD ILLEGALLY LOCKED THE APARTMENT’S SECOND BEDROOM
In a nonpayment proceeding brought in the Suffolk County District, the tenant asserted the defense of “partial actual eviction.” And while the landlord was seeking $26,250, after a trial the owner was only awarded $3000.
On appeal, the Appellate Term, Second Department, noted that the landlord had testified that her fiancé added a lock to the second bedroom’s entrance and refused to give the tenant the key. While she alleged that she had “personal reasons” to take that action, the AT2 thought that her reasons weren’t “relevant,” and wasn’t permitted by the parties’ lease or governing law.
As the “intrusion” wasn’t “trivial” the AT2 thought the full abatement of rent for the period of the eviction was the “proper remedy,” even though it was “partial” in nature.
Finding no basis to modify the determination, the appellate court affirmed the underlying outcome.
No abating the abatement there ….
# # #
DECISION