Tenants Get Damages and Attorney's Fees

February 1, 2011

LVT Number: #23153

Landlord sued to evict tenants in 2007. In 2008, landlord and tenants signed a settlement agreement requiring landlord to make repairs and correct many building violations within 60 days, correct lead paint violations, and continue to maintain the building and services. The court later held landlord in contempt, at tenants' request. By December 2010, landlord had corrected only 70 percent of the conditions and violations. There remained 109 common area violations, and tenants were forced to live in apartments that weren't completely habitable.

Landlord sued to evict tenants in 2007. In 2008, landlord and tenants signed a settlement agreement requiring landlord to make repairs and correct many building violations within 60 days, correct lead paint violations, and continue to maintain the building and services. The court later held landlord in contempt, at tenants' request. By December 2010, landlord had corrected only 70 percent of the conditions and violations. There remained 109 common area violations, and tenants were forced to live in apartments that weren't completely habitable. The court awarded damages to tenants for the breach of the warranty of habitability, as well as attorney's fees for the contempt motion and hearing.

79 Audobon Holdings LP v. Rio: Index No. 098290/07, NYLJ No. 1202478296421 (Civ. Ct. NY; 12/23/10; Capella, J)

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