Landlord-New York City Breached Warranty

LVT Number: 7056

Tenants of several buildings sued landlord City of New York for breach of the warranty of habitability. Landlord had gotten the buildings through foreclosure, and posted vacate orders. Landlord claimed it could close the buildings because they were unsafe, rather than repair them. The court ruled that the city was subject to the warranty of habitability and that the posting of vacate orders didn't end the city's duty to make repairs. The city also was required to show that it wasn't responsible for the buildings' state of disrepair.

Tenants of several buildings sued landlord City of New York for breach of the warranty of habitability. Landlord had gotten the buildings through foreclosure, and posted vacate orders. Landlord claimed it could close the buildings because they were unsafe, rather than repair them. The court ruled that the city was subject to the warranty of habitability and that the posting of vacate orders didn't end the city's duty to make repairs. The city also was required to show that it wasn't responsible for the buildings' state of disrepair.

Lacks v. The City of New York: 594 NYS2d 561 (6/9/92) (Sup. Ct. N.Y.; Schlesinger, J)]