WARRANTY OF HABITABILITY

Tenant Gets $6,000 Rent Abatement for Apartment Conditions

May 13, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent totaling $18,000, at $620 per month. Tenant denied the charge and claimed breach of the warranty of habitability, laches, and improper building...

Tenant Doesn't Provide Access

March 20, 2014    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding it possession and rent arrears totaling $3,400. Tenant appealed and lost. The court had awarded tenant some rent abatement...

Tenant Fails to Prove Breach of Warranty of Habitability

February 17, 2014    

(Decision submitted by David M. Berger, Esq. of the Brooklyn law firm of Tenenbaum Berger & Shivers LLP, attorneys for the landlord.)

Tenants Attempt Class Action Based on Superstorm Sandy Damage

January 13, 2014    

Tenants filed a proposed class action against all New York State landlords and their managing agents, seeking rent rebates for violations of the warranty of habitability caused by Superstorm Sandy, as well as claims...

Tenant Gets Full Abatement for Constructive Eviction Period

January 13, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. The court ruled against landlord and for tenant, dismissed the petition, and...

Construction Noise Didn't Breach Warranty of Habitability

November 18, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $58,000 in back rent, which included $4,200 in late fees. In response, tenant claimed breach of the warranty of habitability,...

Landlord Held in Contempt for Failing to Make Repairs

October 13, 2013    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. HPD inspected the apartment and found a number of defective conditions. Landlord agreed, among other things...

Landlord Can't Sue Builders for Breach of Implied Housing Warranty

August 9, 2013    

Landlord cooperative corporation sued construction manager and general contractor, claiming breach of contract for apartment building renovation, breach of the implied housing warranty, and related claims. The...

Tenant Gets 70 Percent Rent Abatement After Superstorm Sandy

June 13, 2013    

Landlord sued to evict Far Rockaway tenants in January 2013 and claimed that they owed rent of $1,200 per month for the months of July 2012 through February 2013. Tenants moved out in February 2013. They disputed the...

Tenant Gets 17 Percent Rent Abatement

May 16, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant stopped paying rent in March 2011, and landlord claimed that $22,568 was outstanding to date and that tenant's monthly rent due was $1,...

Warranty of Habitability Claim Can't Go Back More Than Six Years

May 15, 2013    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability and asked for a rent abatement. Tenant subpoenaed DHCR records and managing agent records from landlord,...

Tenant Proves Mouse Infestation and Contaminated Water

May 13, 2013    

Landlord brought a holdover proceeding to evict tenant based on nonpayment of rent. The court ruled for landlord and found that tenant owed $18,000 in back rent. Tenant appealed, claiming that landlord should have...