Chipped Paint Not a Breach

January 1, 1998

LVT Number: 12057

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability based on chipped paint in the living room and bedroom. The court ruled for landlord, in part, but gave tenant a 6 percent rent abatement for six years based on the chipped paint condition. Landlord appealed and won. The small areas of chipped paint weren't dangerous, hazardous, or detrimental to tenant's life, health or safety.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability based on chipped paint in the living room and bedroom. The court ruled for landlord, in part, but gave tenant a 6 percent rent abatement for six years based on the chipped paint condition. Landlord appealed and won. The small areas of chipped paint weren't dangerous, hazardous, or detrimental to tenant's life, health or safety. Even if landlord hadn't painted the apartment on time, this wasn't an automatic breach of the warranty of habitability, and tenant didn't ask for painting until after landlord sued for nonpayment.

New Amsterdam Apts. Co. v. Sheets: NYLJ, p. 29, col. 1 (12/3/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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