Landlord sued former tenant in small claims court for unpaid rent totalling $3,850. Tenant claimed the apartment was in bad condition, creating a breach of the warranty of habitability. The court ruled for landlord in part. Although landlord had received 15 months of back rent due from the ERAP program on tenant's behalf, there remained 11 months of past rent due for periods preceding the months covered by ERAP. Tenant's rent was only $350 per month. It was unclear from testimony at trial whether the leaking sink and broken window were caused by the tenant.

Shareholder-tenants of cooperative building sued landlord cooperative corporation for damages resulting from leaks into their unit and sought to withhold maintenance payments while the case was pending. The court dismissed tenants' claim for breach of the warranty of habitability and ruled that tenants must pay the withheld maintenance.

Landlord sued former tenant for unpaid rent after tenant moved out. Landlord claimed that tenant owed $7,850, and held on to tenant's $2,150 security deposit when tenant vacated. Tenant had moved out in November 2017 and claimed that the unit was infested with rodents and cockroaches, and contained mold and peeling paint. The court ruled for tenant in part, granting a 30 percent rent abatement for breach of the warranty of habitability. Tenant also was entitled to break the lease under these circumstances without owing any future rent.

Tenant sued landlord, claiming that landlord breached the warranty of habitability for building tenants by depriving them of use of elevators while modernizing the building. Landlord asked the court to dismiss the complaint, claiming that there was no breach and that tenant's claim was too vague to support any such finding. The court ruled against landlord. Tenant sufficiently pleaded a cause of action for breach of the implied warranty of habitability under Real Property Law Section 235-b.

Tenants sued landlord, claiming breach of the warranty of habitability based on rodent and insect infestation, freezing conditions, lack of building security and waste-line failure. The lower court dismissed the case.

Tenant sued landlord and property manager, seeking compensation for her 34-day relocation to a temporary apartment after a hole in the building's roof allowed extensive water damage to her apartment during a storm. Landlord argued that it had sufficiently compensated tenant by giving her an 18 percent rent credit during the 34-day period outside her apartment. The court ruled for tenant, finding that the conditions that persisted after the storm in 2019 breached the warranty of habitability.

Tenant sued landlord on behalf of her children, claiming that they were bitten by bedbugs in their apartment. Among other things, tenant claimed constructive eviction, intentional infliction of emotional distress, and violation of the breach of warranty of habitability under Real Property Law Section 235-b. Landlord asked the court to dismiss the case. The court ruled for landlord in part but ruled that tenant could proceed with some claims. If tenant proved her claim, the bedbug condition would constitute a breach of warranty.

Rent-stabilized tenant sued landlord, claiming willful refusal to fix a damaged roof and repeated water leaks into her apartment and the adjoining corridor. Tenant claimed that these acts resulted in intentional infliction of emotional distress, harassment, nuisance, and breach of the warranty of habitability. Landlord argued that tenant's claims were groundless and asked the court to dismiss the case without trial.

Tenant sued landlord, claiming breach of the implied warranty of habitability. She said that landlord refused to remediate loud noises and bad smells or to provide hot water and adequate water pressure. Tenant sought a civil penalty under RPAPL Section 768. In response, landlord claimed nonpayment of rent. Noting conflicting testimony, the trial court found that tenant failed to prove there were loud noises created by landlord that interfered with her quiet enjoyment and therefore no breach of the warranty of habitability.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were ongoing repair issues in her apartment since 2016. NYCHA had suspended tenant's Section 8 benefits based on the apartment condition. Landlord claimed that tenant failed to give access, but court staff reported that tenant was at home and landlord's workers never appeared.