Code Violation Doesn't Prove Breach

December 1, 1995

LVT Number: 10232

Tenant sued landlord for breach of the warranty of habitability, seeking $3,000 in damages. Tenant moved into the apartment in September 1994 at a monthly rent of $700. Soon thereafter, landlord received a violation notice stating that tenant's third-floor apartment was illegal and violated the two-family dwelling certificate of occupancy. Tenant moved out in July 1995. The court ruled against tenant. Tenant received all required services while in the apartment. There was no problem with heat, light, water, etc.

Tenant sued landlord for breach of the warranty of habitability, seeking $3,000 in damages. Tenant moved into the apartment in September 1994 at a monthly rent of $700. Soon thereafter, landlord received a violation notice stating that tenant's third-floor apartment was illegal and violated the two-family dwelling certificate of occupancy. Tenant moved out in July 1995. The court ruled against tenant. Tenant received all required services while in the apartment. There was no problem with heat, light, water, etc. Violation of the housing code in and of itself didn't constitute an automatic breach of the warranty of habitability. There was no threat to tenant's health, safety, or life of tenant.

Bey v. Thomas: NYLJ, p. 35, col. 3 (11/1/95) (City Ct. Mt. Vernon; Seiden, J)

Topics

More like this