Housing Code Violation Constitutes Breach

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed there was a rent-impairing violation that barred landlord from collecting the rent. HPD had issued a violation in 1994 because landlord's super lived three blocks from the building---which wasn't within the required distance allowed under the Housing Maintenance Code. Landlord claimed that the violation was corrected since the super's assistant, who performed janitorial duties, lived in the basement. Court: Landlord loses. Landlord breached the warranty of habitability. Tenant proved that there were serious problems with plumbing and hot water. The super's ``assistant'' didn't take care of the building's heating and hot water system and wasn't qualified to. Landlord hired a resident superintendent in June 1996. But landlord was barred under the Multiple Dwelling Law from collecting rent between December 1995, when tenant stopped paying, and the date that superintendent service was restored.

Broadway Inwood Corp. v. Kellner: NYLJ, p. 27, col. 6 (6/4/97) (Civ. Ct. NY; Gould, J)