Can a Landlord Deny Access to a Terrace to Make Repairs?
Full Question:
Answer:
A landlord is required to make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. A tenant must allow access to the landlord to make repairs as long as done at a reasonable time and in a reasonable manner. It will be a matter of subjective determination for the court whether the landlord is making repairs at a reasonable time and in a reasonable manner. If the length of time for the repair is found unreasonable, given all the circumstances in the case, it is possible that damages for loss of use or instructions to complete repairs may be ordered. You might try calling the local building department regarding applicable time frames for the repair in question.
Please see the following NY laws to determine applicability:
§ 27-2005 Duties of owner. a. The owner of a multiple dwelling shall
keep the premises in good repair.
b. The owner of a multiple dwelling, in addition to the duty imposed
upon such owner by subdivision a of this section, shall be responsible
for compliance with the requirements of this code, except insofar as
responsibility for compliance is imposed upon the tenant alone.
c. The owner of a one- or two-family dwelling shall keep the premises
in good repair, and shall be responsible for compliance with the
provisions of this code, except to the extent otherwise agreed between
such owner and any tenant of such dwelling by lease or other contract in
writing, or except insofar as responsibility for compliance with this
code is imposed upon the tenant alone.
d. The owner of a dwelling shall not harass any tenants or persons
lawfully entitled to occupancy of such dwelling as set forth in
paragraph 48 of subdivision a of section 27-2004 of this chapter.
§ 27-2006 Duties of tenant. a. A tenant shall, in addition to
complying with all provisions of this code and the multiple dwelling law
applicable to him or her, be responsible for violations of this code to
the extent that he or she has the power to prevent the occurrence of a
violation. A tenant has the power to prevent the occurrence of a
violation if:
(1) It is caused by his or her own wilful act or that of a member of
his or her family or household, or a guest; or
(2) It is the result of such tenant's gross negligence, neglect or
abuse, or the gross negligence, neglect or abuse of a member of his or
her family, or household or a guest.
b. The tenant, any member of his or her family or household, or his or
her guest shall, with respect to the public parts of the premises, be
liable if a violation is caused by such tenant's own wilful act, gross
negligence, neglect or abuse.
c. The fact that a tenant is or may be liable for a violation of this
code or any other law or is found liable for civil or criminal penalties
does not relieve the owner of his or her obligation to keep the
premises, and every part thereof, in good repair.
§ 27-2008 Owner's right of access. 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. The department may by
regulation restrict the time and manner of such inspections.
See also:
http://tenant.net/phpBB2/viewtopic.php?t=4837
