Judge Frances A. Ortiz

Landlord sought to terminate the rent stabilized tenancy in this holdover proceeding alleging a failure to provide access—a violation of a substantial obligation of the tenancy. The notice to cure claimed tenant violated the Administrative Code requiring her to provide access to an owner to perform repairs or make improvements in a reasonable time and manner. It required tenant to provide access and cure before July 15, 2016. The court previously granted landlord's motion to restore, but denied the motion to strike tenant's answer. It conducted an inspection of the premises and did not observe the conditions alleged. Tenant moved for summary judgment, and argued the notices lacked specific facts regarding the alleged failure to cure, and failed to cite instances of failure to provide access beyond the cure period. She argued she cured any alleged refusal to provide access. The court found owner's own exhibits substantiated tenant's claim she provided access to the exterminator after service of the notice to cure, and before the notice of termination, communicating same to owner. It was satisfied tenant provided sufficient access to exterminator, and there were no triable issues warranting a trial, granting tenant's motion.

Judge Frances A. Ortiz