Former Tenant's Claim for Mold Condition Not Untimely

May 31, 2009

LVT Number: #21240

Former tenant sued landlord for damages based on a breach of the warranty of habitability in her apartment. Landlord asked the court to dismiss tenant's claim as untimely. The court ruled for landlord. Tenant appealed and won. While tenant's other claim based on a hazardous condition was correctly dismissed as untimely, her warranty of habitability claim wasn't filed too late. The lower court incorrectly ruled that tenant didn't have a claim for economic loss. Tenant sought a rent abatement based on a mold condition in the apartment.

Former tenant sued landlord for damages based on a breach of the warranty of habitability in her apartment. Landlord asked the court to dismiss tenant's claim as untimely. The court ruled for landlord. Tenant appealed and won. While tenant's other claim based on a hazardous condition was correctly dismissed as untimely, her warranty of habitability claim wasn't filed too late. The lower court incorrectly ruled that tenant didn't have a claim for economic loss. Tenant sought a rent abatement based on a mold condition in the apartment. Although tenant settled any claim for the period through Jan. 31, 2001, in a prior housing court stipulation, she could seek damages for the period between Feb. 1, 2001, and December 2001, when she moved out.

Wiesel v. 310 East 46 LLC: NYLJ, 5/19/09, p. 38, col. 2 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Nardelli, Renwick, Freedman, JJ)

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