Condo Unit Owner Claims Breach of Warranty of Habitability

September 30, 2009

LVT Number: #22196

Landlord condominium board of managers sued condo unit owner for unpaid common charges. Unit owner claimed that he didn't owe back charges because landlord breached the warranty of habitability. Owner claimed that there was continual flooding and structural damages since he moved in. Landlord claimed that owner had agreed to pay common charges under the condo bylaws and couldn't raise a warranty of habitability claim against landlord. The court ruled for landlord in part. Unit owner could not claim breach of warranty as a defense to liability for common charges.

Landlord condominium board of managers sued condo unit owner for unpaid common charges. Unit owner claimed that he didn't owe back charges because landlord breached the warranty of habitability. Owner claimed that there was continual flooding and structural damages since he moved in. Landlord claimed that owner had agreed to pay common charges under the condo bylaws and couldn't raise a warranty of habitability claim against landlord. The court ruled for landlord in part. Unit owner could not claim breach of warranty as a defense to liability for common charges. But the dollar amount of the damages that landlord may owe the unit owner was an issue of fact that could be raised at trial.

Board of Managers v. Levenbrown: NYLJ, 9/29/09, p. 26, col. 1 (Sup. Ct. NY; Edmead, J)

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