Faced with its rent-stabilized tenant's refusal to allow entry into an apartment to effect repairs, Clermont York Associates started an eviction proceedings against Leslie Feher, claiming that she had unreasonably refused access.
Although the New York County Civil Court found in the landlord's favor, it allowed Feher to stay in possession if she "cured" the lease violation, and paid a "fair market" rent for the use of the apartment.
Rather than comply, Feher voluntarily left the unit, but still pursued an appeal with the Appellate Term, First Department.
While the appellate court agreed that the tenant had wrongfully denied the owner access, since Feher's election to leave, rather than cure, had no effect on her status as a "lawful" rent-stabilized tenant, she was only obligated to pay the legal regulated rent for the period she remained in the unit.
Was that a Feher result?
To view a copy of the Appellate Term's decision, please use this link: Clermont York Assoc. v. Feher