Former Apartment Occupier Can't Maintain Case

LVT Number: 14074

Former apartment occupant sued landlord for breach of the warranty of habitability, failure to make repairs, and harassment. Landlord claimed that former occupant had no standing to bring the case. The court ruled for landlord and dismissed the case without a trial. Former occupant was no longer in the apartment and didn't have a lease when he was in the apartment. An occupant of an apartment doesn't have the same remedies as a tenant under a lease.

Former apartment occupant sued landlord for breach of the warranty of habitability, failure to make repairs, and harassment. Landlord claimed that former occupant had no standing to bring the case. The court ruled for landlord and dismissed the case without a trial. Former occupant was no longer in the apartment and didn't have a lease when he was in the apartment. An occupant of an apartment doesn't have the same remedies as a tenant under a lease.

Bandler v. Battery Park Mgmt. Co.: NYLJ, 4/12/00, p. 30, col. 5 (Civ. Ct. NY; Rakower, J)