Landlord's Failure to Provide Heat and Hot Water Resulted in Constructive Eviction

Tenant, a foreign mission, sued landlord for lack of heat and hot water. Tenant had paid landlord $90,000 for one year's rent for a triplex apartment as a residence for its ambassador. Shortly after moving in, tenant discovered that neither the stove, hot water heater, heating and air-conditioning units, nor the fireplace worked. All were gas-powered, and Con Edison said that the building's gas system wasn't connected or operable. Landlord claimed that it was converting to electric heat and had installed electric heaters in the apartment. Tenant claimed that the heat was still inadequate. Tenant's ambassador testified that she often had to wear a coat and scarf indoors, and couldn't host diplomatic functions in the apartment because of the lack of heat. A heating and air-conditioning specialist testified that the units landlord installed were inadequate to supply heat and hot water to the apartment. The court ruled for tenant and granted a money judgment for rent paid for four months, plus attorney's fees. Landlord had breached the warranty of habitability by failing to provide heat and hot water.

The Permanent Mission of the Republic of Estonia to the United Nations v. Thompson: NYLJ, 3/16/07, p. 28, col. 3 (S.D.N.Y.; Sweet, J)