Higher Service Standard Doesn't Apply to Luxury Building

January 1, 1993

LVT Number: 6671

Facts: Landlord of luxury rental building sued to evict 63 tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability. The trial court found that tenants were entitled to greater protection under the warranty of habitability because of the building's luxury status, and the high rents that tenants paid. It awarded tenants a 10 percent rent abatement for various defects, and landlord appealed. Court: The abatements were cut from 10 percent to 5 percent.

Facts: Landlord of luxury rental building sued to evict 63 tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability. The trial court found that tenants were entitled to greater protection under the warranty of habitability because of the building's luxury status, and the high rents that tenants paid. It awarded tenants a 10 percent rent abatement for various defects, and landlord appealed. Court: The abatements were cut from 10 percent to 5 percent. The conditions---worn hallway carpets, inefficient package room service, and garbage accumulation in-between regular pick-ups---were dangerous, hazardous, or detrimental to life, health, or safety. The trial court had improperly held landlord to a higher standard.

[Solow v. Wellner: NYLJ, p. 23, col. 3 (12/31/92) (App. T. 1 Dept.; Ostrau, PJ, Riccobono, Parness, JJ)].

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