Ny court won’t accept eviction petition for any reason.

[Chris Matthew]

I’ve trying to bring eviction proceedings to take possession of a unit for my own personal use. The tenant has created a heath and safety hazard due to a child repeated waking at 4 am and plugging the bathroom sink and running the water until it overflows and comes through the ceilings of the floor below and continues to the basement. They refuse to allow entry for repairs and are a general nuisance. They refused to sign a lease when I purchased the property last year and do not pay rent. They refuse to apply for any rental assistance as well.

My attorney has been unsuccessful at petitioning the court. The judge has refused to allow any eviction petitions to be accepted for any reason. It is a small town court that meets one evening a month.

Does anyone have any suggestions or possible options I can consider?

[Jay Hinrichs]

I have to think you have the legal right to enter the property with written notice.. no matter what the tenant says.. just do that and show up with repair crews and start working..