Landlord of Boarding House for Disabled Veterans Put Tenants at Risk

Landlord sued to evict tenant for the nonpayment of rent. Landlord operated a for-profit boarding house for displaced veterans. Tenant claimed a breach of the warranty of habitability. The court ruled for tenant and dismissed the case. RPAPL Section 235(b) requires landlord to maintain the building in accordance with its reasonably intended use. Landlord had violated this portion of the law by not maintaining a presence at the building to regulate tenants' conduct in the common area and to enforce the house rules stated in the lease. Instead, landlord simply told tenants to call the police after tenants had complained of one drug-dealing tenant's harassing behavior. Landlord also didn't pay the water and electric bills, causing these services to be cut off. Landlord's actions left emotionally at-risk tenants in this group home to fend for themselves. This violated the warranty of habitability. The court gave tenant a rent abatement that was greater than the amount of the back rent owed.

Regensburg v. Rzonca: NYLJ, 2/14/07, p. 22, col. 1 (Dist. Ct. Suffolk; Hackeling, J)