Court Incorrectly Set Damages for Breach of Warranty of Habitability

November 20, 2017

LVT Number: #28000

Tenant sued landlord for breach of the warranty of habitability. The court ruled for tenant and awarded her damages equal to a refund of 35 months of paid rent. Landlord appealed, and the case was reopened. Tenant wasn't entitled to recover as damages the rent paid. Tenant was entitled to recover a rent abatement equal to the difference between the lease rent and the value of the apartment during the breach, even if the unit was an illegal basement apartment. The case was sent back for a new trial.

Tenant sued landlord for breach of the warranty of habitability. The court ruled for tenant and awarded her damages equal to a refund of 35 months of paid rent. Landlord appealed, and the case was reopened. Tenant wasn't entitled to recover as damages the rent paid. Tenant was entitled to recover a rent abatement equal to the difference between the lease rent and the value of the apartment during the breach, even if the unit was an illegal basement apartment. The case was sent back for a new trial.

Mateo v. Anokwuru: 2017 NY Slip Op 27330, 2017 WL 4544479 (App. t. 1 Dept.; 10/11/17; Lowe III, PJ, Shulman, Gonzalez, JJ)

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