Tenant Constructively Evicted Due to Unlivable Conditions

September 30, 2003

LVT Number: 16889

Former tenant sued landlord in small claims court to recover a security deposit. The court ruled for tenant. Landlord appealed and lost. Tenant showed that soon after he moved into the apartment, there were conditions that caused health concerns and made the apartment unlivable. Tenant sent landlord many letters describing the conditions, but landlord didn't respond. The apartment didn't have a functioning kitchen, there were electrical and plumbing problems, and a lot of dust. Landlord submitted no contrary proof.

Former tenant sued landlord in small claims court to recover a security deposit. The court ruled for tenant. Landlord appealed and lost. Tenant showed that soon after he moved into the apartment, there were conditions that caused health concerns and made the apartment unlivable. Tenant sent landlord many letters describing the conditions, but landlord didn't respond. The apartment didn't have a functioning kitchen, there were electrical and plumbing problems, and a lot of dust. Landlord submitted no contrary proof. The court properly found that tenant was constructively evicted and entitled to a refund of his security deposit.

Dinnerstein v. 635 Ninth Ave. Corp.: NYLJ, 9/3/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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