WARRANTY OF HABITABILITY

Rent Abatement Granted for Lack of Hot Water and Water Pressure

January 25, 2021    

Tenant sued landlord, claiming breach of the implied warranty of habitability. She said that landlord refused to remediate loud noises and bad smells or to provide hot water and adequate water pressure. Tenant sought...

Tenant Gets 55 Percent Rent Abatement After Some Repairs Done

October 28, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were ongoing repair issues in her apartment since 2016. NYCHA had suspended tenant's Section 8 benefits based on the apartment...

Did Rooftop Drilling Breach the Warranty of Habitability?

July 27, 2020    

Tenant moved into an apartment in January 2019 at a monthly rent of $4,560. The apartment was on the sixth floor, two floors below the building's roof. When a real estate broker showed tenant the apartment, there...

Court Finds No Proof Apartment Was Uninhabitable

May 24, 2020    

Tenant sued landlord, claiming breach of the warranty of habitability and that his unregulated apartment was uninhabitable due to mold, vermin, dust, and broken appliances. Landlord denied tenant's claims and...

Court Approves Settlement of Class Action Claim for Habitability Issues

April 28, 2020    

Tenants sued landlord of a building complex for breach of the warranty of habitability, unjust enrichment, and injunctive relief. They claimed that there were defects in the windows, insulation, and heating/cooling...

Tenant Gets One-Year, 50 Percent Rent Abatement for Construction Noise

January 29, 2020    

Rent-stabilized tenant sued landlord for breach of the warranty of habitability and sought $25,000 in damages resulting from building renovations in 2017 and 2018. Tenant was an affordable housing tenant in a 421-a...

Tenant Gets 30 Percent Rent Abatement for Multiple Apartment Conditions

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. Based on tenant testimony and HPD violations, the trial court...

Former Tenant Gets Rent Abatement for Water Damage

November 21, 2019    

Former rent-stabilized tenant sued landlord in small claims court, seeking $5,000 in damages based on landlord's failure to make apartment repairs. Tenant showed that a major leak due to a burst pipe occurred in...

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...