WARRANTY OF HABITABILITY

Tenant Gets 100% Rent Abatement for 17-Month Period That Conditions Existed

April 26, 2024    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $18,000. Tenant responded with a number of defenses, including breach of the warranty of habitability. Tenant claimed that there...

Tenant Gets Full Rent Abatement Based on Apartment's Uninhabitable Condition

February 26, 2024    

Landlord NYCHA sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated in 2020 that tenant would pay $4,929 owed by March 2020. Landlord was granted a final judgment of possession and a money...

Tenant Can Pursue Damages for Breach of Warranty of Habitability in Other Court Action

November 27, 2023    

Tenant sued landlord in State Supreme Court, claiming ongoing damages due to breach of the warranty of habitability. The court dismissed the case because tenant had already obtained relief against landlord in a...

Trial to Determine If There Was Ongoing Rodent Infestation at Townhouse

May 23, 2023    

Tenants of a townhouse sued landlord for fraud, breach of the warranty of habitability, and breach of the covenant of quiet enjoyment. Tenants claimed that the house was infested with rodents and they had moved out...

Former Tenant Claims Breach of Warranty of Habitability

February 23, 2023    

Landlord, the owner of a condominium unit, sued tenant after tenant broke the lease and moved out of the apartment in December 2018. Tenant's one-year lease term started in August 2018 at a monthly rent of $19,...

Trial Required on Breach of Warranty of Habitability, Claims Based on Elevator Repairs

January 29, 2023    

Tenants sued landlord for fraud, breach of the warranty of habitability, and partial constructive eviction due to the building elevator being temporarily out of service. Tenants asked the court to rule in their favor...

Tenants Must Address Complaints About Certificates of Occupancy to DOB

December 20, 2022    

Tenants sued landlord and its management company, claiming that landlord obtained temporary certificates of occupancy (COs) for an additional floor atop four adjoining buildings in order to avoid complying with the...

Former Tenant Gets 10% Rent Abatement for Apartment Conditions

September 28, 2022    

Landlord sued former tenant in small claims court for unpaid rent totalling $3,850. Tenant claimed the apartment was in bad condition, creating a breach of the warranty of habitability. The court ruled for landlord...

No Breach of Warranty of Habitability Where Tenants Lived in Unit Only a Few Days a Year

September 27, 2022    

Shareholder-tenants of cooperative building sued landlord cooperative corporation for damages resulting from leaks into their unit and sought to withhold maintenance payments while the case was pending. The court...

Tenant Gets 30% Rent Abatement for Breach of Warranty of Habitability

April 27, 2022    

Landlord sued former tenant for unpaid rent after tenant moved out. Landlord claimed that tenant owed $7,850, and held on to tenant's $2,150 security deposit when tenant vacated. Tenant had moved out in November...

Tenant Claims Breach of Warranty of Habitability Based on Lack of Elevator Service

April 26, 2022    

Tenant sued landlord, claiming that landlord breached the warranty of habitability for building tenants by depriving them of use of elevators while modernizing the building. Landlord asked the court to dismiss the...

Tenants Claim Breach of Warranty of Habitability and Harassment

November 17, 2021    

Tenants sued landlord, claiming breach of the warranty of habitability based on rodent and insect infestation, freezing conditions, lack of building security and waste-line failure. The lower court dismissed the case...