Higher Service Standard Doesn't Apply to Luxury Building

June 30, 1994

LVT Number: 8934

Landlord of luxury building sued to evict tenants for nonpayment of rent. Tenants claimed a 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 status and the high rents tenants paid. It awarded tenants a rent abatement for various defects. Landlord appealed, and the appeals court reduced the abatement, finding that higher standards don't apply to a luxury building. Tenants appealed, and the appeals court again ruled for landlord.

Landlord of luxury building sued to evict tenants for nonpayment of rent. Tenants claimed a 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 status and the high rents tenants paid. It awarded tenants a rent abatement for various defects. Landlord appealed, and the appeals court reduced the abatement, finding that higher standards don't apply to a luxury building. Tenants appealed, and the appeals court again ruled for landlord. Landlord of a luxury building needn't meet a higher standard for the warranty of habitability. But, as to the rent abatement awarded, the lower court didn't have to specify the amount of the offset attributable to each defect.

Solow v. Wellner: NYLJ, p. 26, col 1 (6/13/94) (App. Div. 1 Dept.; Carro, JP, Rosenberger, Wallach, Williams, JJ)

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