Court Finds No Proof Apartment Was Uninhabitable

May 24, 2020

LVT Number: #30769

Tenant sued landlord, claiming breach of the warranty of habitability and that his unregulated apartment was uninhabitable due to mold, vermin, dust, and broken appliances. Landlord denied tenant's claims and counterclaimed for unpaid rent. The trial court ruled for landlord and awarded over $10,000 in damages. Tenant appealed and lost. The trial court reasonably determined that tenant wasn't credible. Tenant had inspected the apartment 10 days earlier and found no such conditions. The building super also testified that there were no such conditions in the unit.

Tenant sued landlord, claiming breach of the warranty of habitability and that his unregulated apartment was uninhabitable due to mold, vermin, dust, and broken appliances. Landlord denied tenant's claims and counterclaimed for unpaid rent. The trial court ruled for landlord and awarded over $10,000 in damages. Tenant appealed and lost. The trial court reasonably determined that tenant wasn't credible. Tenant had inspected the apartment 10 days earlier and found no such conditions. The building super also testified that there were no such conditions in the unit. And tenant filed a nearly identical lawsuit against his prior landlord on the same day he started this case against the landlord. 

Ulukaya v. Pan Am Equities: Index No. 570698/19, 2020 NY Slip Op 50396(U)(App. T. 1 Dept.; 4/9/20; Shulman, PJ, Edmead, Torres, J)

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