Property Ownership
In New York, 'constructive eviction' occurs when a landlord:
ALegally evicts a tenant through court proceedings
BFails to maintain the premises in a habitable condition, effectively forcing the tenant to leave (even without formal eviction proceedings)✓ Correct
CBuilds a fence that blocks the tenant's access to the property
DNotifies the tenant that the lease will not be renewed
Explanation
Constructive eviction in New York occurs when a landlord's failure to maintain the premises (or other interference with the tenant's use and enjoyment) is so substantial that it effectively forces the tenant to vacate. The tenant must actually vacate within a reasonable time after the conditions arise. If constructive eviction is established, the tenant may be excused from further rent obligations and may sue for damages.
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