WARRANTY OF HABITABILITY

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...

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...