apartment was one of five such units in the building. Mr. O'Leary pays $510.00 per
month on a month to month oral basis and until 2011 performed certain custodial chores
such as garbage removal and landscaping for the building and had access to the basement
and laundry room. Approximately seven months ago Mr. O'Leary lost access to the
basement and laundry room.
In August 2011 Mr. O'Leary complained to the landlord of a deteriorated staircase
and the removal of a carpet. In January and April 2012, Mr. O'Leary complained to the
Village of Northport code compliance office of a rat in another tenant's apartment. The
Village Administrator testified he inspected the premises and found no evidence of rats
in the building. [*2]He recommended that the landlord
retain an exterminator to do an inspection and treatment if necessary, which occurred.
The landlord commenced a small claims action seeking to recover $1,750.00 for
damage done to her driveway by Mr. O'Leary's car. The lawsuit was dismissed August
15, 2012. While not testified about at trial; Mr. O'Leary's motion papers indicate he has
commenced an undescribed action against the landlord in the Suffolk County Supreme
Court. Mr. O'Leary stopped paying rent in September 2012 and is now nine months
delinquent. In October the tenant experienced a sewage backup in his bathroom. He
complained to the landlord who advised she would call a plumber after the weekend. The
tenant did not desire to wait and retained a plumber who fixed the problem by cutting out
the blocked section of a four inch sewer pipe. The plumber left the cut pipe on the
premises and Mr. O'Leary called the Northport code compliance office in late October
2012. He then called the Village Administrator to complain about the code compliance