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.

Tenant moved into an apartment in January 2019 at a monthly rent of $4,560. The apartment was on the sixth floor, two floors below the building's roof. When a real estate broker showed tenant the apartment, there was a notice posted at the building advising of a "roof project." The broker told tenant that the roof project was completed, the apartment was quiet, and tenant wouldn't hear any construction noise.

Tenant sued landlord, claiming breach of the warranty of habitability and that his unregulated apartment was uninhabitable due to mold, vermin, dust, and broken appliances. Landlord denied tenant's claims and counterclaimed for unpaid rent. The trial court ruled for landlord and awarded over $10,000 in damages. Tenant appealed and lost. The trial court reasonably determined that tenant wasn't credible. Tenant had inspected the apartment 10 days earlier and found no such conditions. The building super also testified that there were no such conditions in the unit.

Tenants sued landlord of a building complex for breach of the warranty of habitability, unjust enrichment, and injunctive relief. They claimed that there were defects in the windows, insulation, and heating/cooling units that resulted in uninhabitable temperatures. They also claimed that a faulty electrical submetering system caused excessive electricity costs for tenants. The case was certified as a class action. Tenants later withdrew the unjust enrichment claim, and the parties eventually submitted a proposed settlement to the court.

Rent-stabilized tenant sued landlord for breach of the warranty of habitability and sought $25,000 in damages resulting from building renovations in 2017 and 2018. Tenant was an affordable housing tenant in a 421-a building. Landlord had commenced renovation of all hallways and common areas in the building, including the lobby, second-floor terrace space, and second-floor amenity spaces such as a fitness center, lounge, management office, pool, and sauna. Tenant's apartment was directly over the second-floor renovations.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. Based on tenant testimony and HPD violations, the trial court found there were a number of apartment conditions needing repair, including electrical outlets, kitchen cabinet, toilet, and roach infestation. The court granted tenant a 30 percent rent abatement for the period between July 2018 and March 2019, as well as a 25 percent abatement for the period between April 2019 and September 2019.

Former rent-stabilized tenant sued landlord in small claims court, seeking $5,000 in damages based on landlord's failure to make apartment repairs. Tenant showed that a major leak due to a burst pipe occurred in the apartment in August 2018. Tenant was away overnight when this occurred, but the leak caused water to pour from the apartment. The leak resulted in two large holes in the walls that landlord covered with a blue tarp. While landlord's contractor stated that the floors needed to be refinished following the flooding, landlord never did the work.

Landlord sued tenants in small claims court, claiming that they breached their lease by moving out early. Tenants counterclaimed for breach of the warranty of habitability and constructive eviction. The court ruled for landlord, in part. Tenants breached their lease by moving out before the end of the lease term and by failing to pay rent due, since their lease didn't provide for early termination during their initial lease term. Tenants were entitled to a 12 percent rent abatement based on the very limited presence of fleas in the apartment.

Landlord sued to evict tenant of three-family house based on nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant. Tenant credibly testified that there were persistent water leaks through the ceilings of the apartment's master bedroom and living room and around the windows in her daughter's bedroom, resulting in water damage seriously affecting the habitability of those rooms. The court gave tenant a 20 percent rent abatement for an 18-month period.