Condo Unit Owner Can't Claim Breach

June 30, 1995

LVT Number: 9851

Landlord condominium association sued to evict condo unit owner for nonpayment of common charges and assessments. Condo owner claimed breach of the warranty of habitability. The trial court ruled for landlord and condo owner appealed. The appeals court ruled against condo owner. The warranty of habitability under Real Property Law Section 235-b doesn't apply to an individual unit within a condominium. A condo owner can't withhold payment based on defective conditions in the unit or in the common areas.

Landlord condominium association sued to evict condo unit owner for nonpayment of common charges and assessments. Condo owner claimed breach of the warranty of habitability. The trial court ruled for landlord and condo owner appealed. The appeals court ruled against condo owner. The warranty of habitability under Real Property Law Section 235-b doesn't apply to an individual unit within a condominium. A condo owner can't withhold payment based on defective conditions in the unit or in the common areas. These issues have to be raised in a different court; in the meantime, condo owner must pay the monthly charges.

Abbady v. Abbady: NYLJ, p. 25, col. 2 (6/22/95) (App. Div. 1 Dept.; Murphy, PJ, Wallach, Ross, Nardelli, Williams, JJ)

Topics

More like this