Flooding Leaves Apartment Uninhabitable

Tenant sued landlord and property manager, seeking compensation for her 34-day relocation to a temporary apartment after a hole in the building's roof allowed extensive water damage to her apartment during a storm. Landlord argued that it had sufficiently compensated tenant by giving her an 18 percent rent credit during the 34-day period outside her apartment. The court ruled for tenant, finding that the conditions that persisted after the storm in 2019 breached the warranty of habitability. Tenant was entitled to damages against landlord for $3,150 for the period she was required to stay in the temporary apartment. Landlord, but not the property manager, was responsible, as there was no reason to hold the manager liable.

Richardson v. Akelius Real Estate Mgmt.: Index No. SCNY167-2020, 2021 NY Slip Op 50788(U), NYLJ No. 1629217970 (Civ. Ct. NY; 8/9/21; Baron, J)