Apartment Conditions Didn't Amount to Breach of Warranty

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of warranty of habitability. There was peeling paint on the walls that in some places bubbled. The window frame was in bad shape, the toilet was held in place by only two bolts, the ceiling had a crack mark in it, and the bathroom tub and sink had rust marks around the drain. The court ruled against tenant after a trial. Tenant claimed that the conditions existed from the time he moved in, but didn’t complain until 18 months later. And the conditions were merely annoying, not a breach of warranty. Tenant himself testified that none of the conditions prevented him from living in the apartment. The court granted landlord a judgment of possession and found that tenant owed $9,000 in back rent.

Lenn Property LLC v. Liberman: NYLJ, 8/27/09, p. 28, col. 3 (Dist. Ct. Nassau; Bruno, J)