WARRANTY OF HABITABILITY

Tenant Gets Rent Abatement for 10 - 60% per Month for Five Months for Roof Leak

September 24, 2024    

Rockland County landlord sued to evict tenant for nonpayment of rent. Tenant admitted owing 14 months of back rent. Tenant claimed that a leak in her apartment in September 2023 caused water to pool on the carpet...

Tenant Gets 100% Rent Abatement for Period Apartment Was Uninhabitable After Fire

August 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she was entitled to a six-month rent abatement after a fire left her apartment uninhabitable for a period of time. Landlord argued that tenant...

Tenant Gets 100% Rent Abatement for 44 Months Due to Defective Roof

July 25, 2024    

Landlord sued to evict successor of deceased rent-controlled tenant for nonpayment of rent. Landlord sought $152 per month from October 2019 through August 2023. Tenant asked the court to dismiss the case, claiming...

Tenant of Co-op Apartment Gets 100% Rent Abatement

June 26, 2024    

Landlord, a co-op unit sponsor who maintained control of the building, sued to evict rent-stabilized tenant of the unit for nonpayment of rent. Landlord claimed tenant owed over $15,000. Tenant in turn asked the...

Court Grants Limited Discovery for Tenant Who Claims Breach of Warranty of Habitability

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord breached the warranty of habitability and asked the court for permission to conduct discovery. The court ruled for tenant in part,...

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...