Landlord Corrected Defective Conditions

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on heat and vermin problems. The court ruled for tenant and gave him some rent abatement. Landlord appealed. The appeals court ruled for landlord and revoked the rent abatement. Tenant claimed that the apartment was too cold to sleep in on a number of occasions over several years. But there was no proof of this, and landlord corrected any heating problems within two weeks of getting an actual complaint from tenant. Tenant also claimed rodent infestation. But many times during routine monthly visits, the exterminator couldn't get access to tenant's apartment. And again, within two weeks of getting tenant's actual complaint, landlord sent the exterminator into tenant's apartment. Given these circumstances, the fact that landlord got a building violation for vermin in tenant's apartment didn't mean tenant should get a rent cut.

T.S. Hotel L.P. v. Rissman: NYLJ, 9/1/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)