Housing Code Violation Not Automatic Breach

June 30, 1995

LVT Number: 9853

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked for a rent abatement. The court ruled for landlord and tenant appealed. The appeals court ruled against tenant. Although there was a building violation in the rooftop water tank, the water in tenant's apartment was drinkable. Tenant showed no condition that had any effect on her health, safety, or welfare. A housing code violation isn't an automatic breach of the warranty of habitability.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked for a rent abatement. The court ruled for landlord and tenant appealed. The appeals court ruled against tenant. Although there was a building violation in the rooftop water tank, the water in tenant's apartment was drinkable. Tenant showed no condition that had any effect on her health, safety, or welfare. A housing code violation isn't an automatic breach of the warranty of habitability.

123 W. 44th St. Associates v. Shemesh: NYLJ, p. 26, col. 5 (6/1/95) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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