Condo Owner Can't Claim Breach of Warranty of Habitability

A condominium unit owner sued the condo board of managers after her apartment was damaged in a fire. Among other things, she claimed a breach of the warranty of habitability and constructive eviction. She also claimed that the board wasn't acting properly to remedy the conditions. The court granted the condo board's request to dismiss the case. The unit owner appealed and lost. The board acted within the scope of its bylaws to plan and arrange for the restoration of the fire-damaged unit, and acted in good faith in fulfilling its obligations. The condo owner, on the other hand, was uncooperative, indecisive, and otherwise caused delays that prolonged the restoration process. And since there was no landlord-tenant relationship between the board and the condo owner, she couldn't raise claims of a breach of the warranty of habitability or constructive eviction.

Katz v. Board of Managers: NYLJ, 4/18/11, p. 19, col. 1 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Acosta, DeGrasse, Roman, JJ)