Apartment Infested with Rats

Yonkers landlord sued to evict tenants for nonpayment of rent. Tenants claimed a breach of the warranty of habitability, based on a persistent problem with rat infestation. Tenants claimed that there were numerous rat holes in the walls of most of the rooms, that rat droppings were evident throughout the apartment, and that rats had tunneled through some of their upholstered furniture. Tenant's mother stated that she'd seen her toddler granddaughter holding a rat. Tenants also claimed that they'd complained frequently to the super about the continual infestation, but had been forced to move out because the problem was so extreme and hadn't been fixed. Landlord claimed it had repaired the holes. The court ruled for tenants. The evidence showed that the rat infestation was ongoing and dangerous, and that landlord had made little effort to resolve the situation. Also, landlord's breach of the warranty of habitability was so severe that a 100 percent rent abatement was appropriate.

Kenmart Realty Inc. v. Alhalabi: NYLJ, p. 32, col. 2 (12/19/94) (City Ct. Yonkers, Liebowitz, J)