New York's statutory "warranty of habitability" ensures that residential apartment units (and any common areas) are fit for use and occupation.* Should a landlord fail to maintain the premises in a safe and livable condition, a tenant may have a claim for a rent reduction (or "abatement"). Unless, of course, the tenant obstructs the repair process.
In Brookwood Mgt. Co. v. Melius, Brookwood started a non-payment proceeding against its tenant for past due rent. As a defense, Melius claimed the monies were withheld because the landlord had failed to make certain repairs.
Finding that the tenant had repeatedly frustrated the repair effort by denying access, the Suffolk County District Court awarded the landlord a final judgment of possession and a money judgment in the amount of $2,280.78. On appeal, the Appellate Term, 9th and 10th Judicial Districts, affirmed.
No point playing games, folks. Barring entry to your apartment, can preclude relief otherwise available to you under the law.
For a copy of the Appellate Term's decision, please use the following link: Brookwood Mgt. Co. v. Melius
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*For our other posts on this topic, please use the following link: Warranty of Habitability