WARRANTY OF HABITABILITY

Tenants Get 12 Percent Rent Abatement for Fleas in Apartment

September 25, 2019    

Landlord sued tenants in small claims court, claiming that they breached their lease by moving out early. Tenants counterclaimed for breach of the warranty of habitability and constructive eviction. The court ruled...

Tenant Gets 20 Percent Rent Abatement for Persistent Water Leaks

September 25, 2019    

Landlord sued to evict tenant of three-family house based on nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant. Tenant credibly testified that there were persistent...

Tenant Gets 20 Percent Rent Abatement for Rodent Infestation and Mold

September 23, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and a stale rent claim. The court found that the rent payment wasn't stale since the oldest rent due was...

Tenant Can't Prove Upstairs Tenant Made Excessive Noise

July 23, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding possession and rent arrears totalling $3,750. Tenant appealed and lost. Tenant claimed that the trial court should have...

Conditions Claimed by Tenant Didn't Breach Warranty of Habitability

June 24, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant in turn sought a rent abatement due to breach of the warranty of habitability. Tenant owed $33,000 in back rent and claimed that there was peeling paint,...

Condo Unit Owner Gets Abatement for Terrace Closure

February 25, 2019    

Condominium unit owner sued landlord condo building owner to recover $4,755 for loss of the use of his unit's outdoor terrace. This resulted from landlord's renovation of the building exterior required by...

Tenant Gets 11 Percent Rent Abatement for Apartment Conditions

January 28, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on apartment conditions. Tenant claimed that the toilet was inoperable, but the building super...

Tenant Gets 50 Percent Rent Abatement Based on HPD Violations

August 21, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $14,000 in back rent. Tenant claimed breach of the warranty of habitability. Tenant had started an HP proceeding...

Co-op Subtenant Gets 60 Percent Rent Abatement

July 23, 2018    

Tenant shareholder in a co-op building sued to evict subtenant for nonpayment of rent. Subtenant claimed breach of the warranty of habitability. The trial court ruled against tenant, gave subtenant a 100 percent rent...

Tenant Awarded $4,650 for Water Leak Damage

March 26, 2018    

Co-op building tenant sued landlord for property damage caused by a water leak from the upstairs apartment discovered in 2005 but not repaired until 2008. Tenant claimed that the repairs were improper and that he...

Tenant with No Gas Service Gets Rent Abatement of $20 per Day

February 15, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she withheld rent due to needed repairs and said that the apartment had no gas service for over nine months. The court ruled for tenant,...

Landlord Breached Warranty of Habitability

December 17, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord claimed that tenant had a commercial lease. The court ruled for landlord. Tenant appealed, and the...