Conditions Claimed by Tenant Didn't Breach Warranty of Habitability

June 24, 2019

LVT Number: #30186

Landlord sued to evict tenant for nonpayment of rent. Tenant in turn sought a rent abatement due to breach of the warranty of habitability. Tenant owed $33,000 in back rent and claimed that there was peeling paint, exposed wiring over the entrance door, and a clogged toilet. The court found that tenant's claims weren't specific enough and that landlord had promptly responded to these claims. Tenant failed to show the existence of conditions detrimental to her safety and therefore wasn't entitled to a rent abatement.

Landlord sued to evict tenant for nonpayment of rent. Tenant in turn sought a rent abatement due to breach of the warranty of habitability. Tenant owed $33,000 in back rent and claimed that there was peeling paint, exposed wiring over the entrance door, and a clogged toilet. The court found that tenant's claims weren't specific enough and that landlord had promptly responded to these claims. Tenant failed to show the existence of conditions detrimental to her safety and therefore wasn't entitled to a rent abatement. Tenant's failure to pay rent also was unrelated to these conditions.

EQR-41 W. 86th LLC v. Adler: Index No. 75648/18, 2019 NY Slip Op 31127, NYLJ No. 1557098712 (Civ. Ct. NY; 4/29/19; Kraus, J)

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