Tenant Was Constructively Evicted Due to Mold Condition

May 31, 2003

LVT Number: 16571

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant admitted not paying rent since November 2000. But tenant claimed that a mold condition in the apartment had forced him out. The condition developed from a leak in the living room ceiling. HPD found immediately hazardous mold in the living room, bedroom, bathroom, closet, and hallway. An expert testified in court that the mold filled the apartment with a foul smell and could cause allergic reactions, severe sinus problems, and liver damage. Court: Landlord loses.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant admitted not paying rent since November 2000. But tenant claimed that a mold condition in the apartment had forced him out. The condition developed from a leak in the living room ceiling. HPD found immediately hazardous mold in the living room, bedroom, bathroom, closet, and hallway. An expert testified in court that the mold filled the apartment with a foul smell and could cause allergic reactions, severe sinus problems, and liver damage. Court: Landlord loses. Tenant was constructively evicted from the apartment by the mold condition. And landlord had been held in contempt of court previously for not remedying the condition. The court awarded tenant a 21-month rent abatement.

157 E. 57th St. LLC v. Birrenbach: NYLJ, 5/15/03, p. 22, col. 6 (Civ. Ct. NY; Schneider, J)

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