WARRANTY OF HABITABILITY

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...

Flooding Leaves Apartment Uninhabitable

September 23, 2021    

Tenant sued landlord and property manager, seeking compensation for her 34-day relocation to a temporary apartment after a hole in the building's roof allowed extensive water damage to her apartment during a...

Tenant Claims Children's Bedbug Bites Breached Warranty of Habitability

June 20, 2021    

Tenant sued landlord on behalf of her children, claiming that they were bitten by bedbugs in their apartment. Among other things, tenant claimed constructive eviction, intentional infliction of emotional distress,...

Tenant Didn't Amend Complaint to Support Claim Sufficiently

May 25, 2021    

Rent-stabilized tenant sued landlord, claiming willful refusal to fix a damaged roof and repeated water leaks into her apartment and the adjoining corridor. Tenant claimed that these acts resulted in intentional...

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...