lease remain in effect pursuant to Rent Stabilization Code §2523.5(d),( see Rosario v. Diagonal Realty LLC, 8
NY3d 755, 872 NE2d 860 [2007], K enmore Associates v. Burke,18 Misc 3d
1142(A), 859 N.Y.S 2d 895 [2008], and concomitantly so do her obligations. Paragraph 8 of the
lease provides:
Tenant must take good care of the Apartment and all equipment and
fixtures in it. Landlord will repair plumbing, heating and electrical
systems. Tenant must, at tenant's cost, make all repairs and
replacements whenever the need results from tenant's act or neglect.
If Tenant fails to make needed repair or replacement, Landlord may
do it . Landlord's reasonable expense will be added rent.
This paragraph speaks to the tenant' s responsibility to maintain the apartment and
when the tenant becomes liable for repairs as well as the landlord's responsibility to maintain the
building's systems.
Paragraph 11 of the lease addresses access to the apartment for repairs as follows:
The landlord may enter apartment at reasonable hours to repair,
inspect exterminate, install or work on master antennas or other
systems or equipment and perform other work the landlord decides
is necessary or desirable...
Neither of these lease provisions grant the landlord the authority to take possession
of the apartment, and require the relocation the tenant. Petitioner's argument that the gut
renovation is required in order for it to comply with the housing laws is unavailing. Repairs are
not the equivalent of renovation, (Bradbury v. 342 W 30th Street, Corp., 18 Misc 3d
1105(A), 856 NYS2d 22, [2007]) and reasonable access is quantitatively different from
temporarily relinquishing possession. There is no evidence to show that repairs required