Corp., 47 NY2d 316, 327 [1979] [affirming appellate term's denial of rent abatement
for period where, after a flood, cooperative unit owner advised the cooperative that she
intended to make leak repairs herself and where "[t]he cooperative credibly submit[ted]
that, absent respondent's delays and misconduct, it would have restored [the unit owner's]
apartment to a habitable condition]).
Consequently, a tenant cannot recover under the warranty of habitability, or any
abatement will be reduced, when access to the landlord to inspect or remedy the alleged
defective condition is refused or thwarted (NY Real Prop. Law § 235-b; Finkelstein
& Ferrara, Landlord and Tenant Practice in New York § 9:79;
Scherer/Fisher, Residential Landlord Tenant L. in NY § 12:115 [collecting
cases]; Brookwood Mgt. Co. v
Melius, 14 Misc 3d 137(A) [App Term 9th & 10th Jud Dists 2007] [tenant
not entitled to an abatement because he denied access to landlord's agents to remedy the
condition and, once access was granted, the agents corrected the condition]; W. 122nd St. Assoc., L.P. v
Gibson, 5 Misc 3d 137(A) [App Term 1st Dept 2004] [affirming trial court's
determination in favor of landlord based on finding that tenant impeded landlord's ability
to complete the stipulated painting work]; 930 Fifth Corp. v Shearman, 23 Misc 3d 133(A) [App
Term 1st Dept 2009] [affirming trial court's judgment in favor of landlord where "any
roach or mice infestation in tenant's apartment resulted largely from her failure to grant
reasonable access to landlord"]; Ansonia Assoc. v Moan, NYLJ 7/13/95, p 25,
col 2 (App Term 1st Dept] [tenants refused access to landlord for asbestos abatement
work]; see also N.Y.C. Administrative Code § 27-2008).