A cooperative shareholder tenant sued landlord for breach of the warranty of habitability and asked the court to issue a preliminary injunction. The court ruled against tenant, who appealed and lost. To prove a claim for breach of the warranty of habitability, tenant needed to show the extensiveness of the breach, the way in which […]

Tenant sued landlord in small claims court for damages resulting from a breach of the warranty of habitability in her apartment based on a bed bug condition. The court ruled for tenant and awarded her $9,450. Landlord appealed and won in part. The appeals court found that the decision achieved “substantial justice” consistent with substantive […]

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant counterclaimed for breach of warranty of habitability, among other things. The court ruled against landlord, and for tenant. Tenant's witnesses credibly testified that windows in the apartment were improperly sealed/closed starting in December 2017. The window condition caused the apartment to become cold. The court found that the condition was repaired as of January 2019 when tenant signed off on a maintenance request form.

Landlord sued to evict tenants for nonpayment of rent for two apartments. In response, tenants claimed breach of the warranty of habitability and harassment. After trial, the court awarded tenants a substantial rent abatement. Landlord proved that the total rent owed for the two units was $122,504. But the court awarded a total rent abatement of $76,758, leaving $24,744 in rent owed to landlord. HPD violations documented fairly extensive leaks and water damage. This was further supplemented by consistent testimony, photographs, and video recordings presented by tenants.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. The court ruled for tenant and gave tenant rent abatements of 30 percent for the periods between January 2018 and August 2021 as well as May 2022 through July 2023. The court also gave tenant a 100 percent rent abatement for the period between September 2021 and April 2022, and a 30 percent abatement for the period from August 2023 through completion of repairs.

Tenants of a high rise building sued landlord and two of its corporate affiliates for breach of warranty of habitability based on limited and/or unreliable elevator service at the building. The court granted tenants' request for class action certification against the defendants, who appealed and won in part. The appeals court found that class certification was properly granted as against the landlord for all tenants who owed rent for apartments between the 16th and 55th floors of the building between November 2021 and May 2022, who were damaged by continuing elevator disruptions.

A cooperative shareholder-tenant sued landlord co-op corporation due to claimed leaks, mold, and lack of heat in her unit. The court granted tenant an initial preliminary injunction, based on her likelihood of success on the merits. Landlord then counterclaimed that tenant had defaulted on maintenance payments and other fees, and tenant asked the court for a temporary stay of any requirement to pay.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The trial court ruled for tenant, and awarded tenant a rent abatement of over $30,000. This left a rent balance of $3,325 owed. The abatement was based on specific findings concerning a number of conditions and HPD violations for the apartment for different numbers of months. The court assigned a percentage amount to various conditions.

Rockland County landlord sued to evict tenant for nonpayment of rent. Tenant admitted owing 14 months of back rent. Tenant claimed that a leak in her apartment in September 2023 caused water to pool on the carpet near and under the bed. She reported the leak to the super, who found a wet wall in the apartment. The following month the bedroom wall and carpet were wet and no one ever came to make repairs. The wet conditions further remained into December 2023 when tenant started feeling ill and smelled mildew in the room.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she was entitled to a six-month rent abatement after a fire left her apartment uninhabitable for a period of time. Landlord argued that tenant wasn't entitled to any abatement because it claimed that tenant was responsible for the fire. Landlord also disputed tenant's claim that she was displaced for six months. After an abatement hearing, the court ruled for tenant in part. Tenant was granted a judgment for $4,284 based on breach of warranty of habitability.