Heating Claims Limited to One Season

April 1, 2004

LVT Number: 17266

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on inadequate heat. The court ruled for tenant in part, limiting her claim to the 2000-01 heating season. Tenant appealed and lost. Tenant's claims of inadequate heat for prior periods were previously rejected by a court in an HP proceeding brought by tenant against landlord. So the court properly limited her claim in the later nonpayment case.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on inadequate heat. The court ruled for tenant in part, limiting her claim to the 2000-01 heating season. Tenant appealed and lost. Tenant's claims of inadequate heat for prior periods were previously rejected by a court in an HP proceeding brought by tenant against landlord. So the court properly limited her claim in the later nonpayment case.

342 W. 30th St. Corp. v. Vaswani: NYLJ, 3/3/04, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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