Landlord Breached by Forcing Tenant Out of Illegal Apartment

August 31, 1994

LVT Number: 9101

Facts: Yonkers tenant sued landlords after they forced her to move out of an illegal apartment in their two-family house. Tenant had signed a one-year lease for a cellar apartment, which landlords said was legal. Six months after tenant moved in and paid her security deposit, the DOB told landlords that the apartment violated the Building Code and Certificate of Occupancy. Landlords told tenant to move out, and asked her to sign an agreement stating that she'd get her security deposit back if she released landlords from any other claims she might have against them.

Facts: Yonkers tenant sued landlords after they forced her to move out of an illegal apartment in their two-family house. Tenant had signed a one-year lease for a cellar apartment, which landlords said was legal. Six months after tenant moved in and paid her security deposit, the DOB told landlords that the apartment violated the Building Code and Certificate of Occupancy. Landlords told tenant to move out, and asked her to sign an agreement stating that she'd get her security deposit back if she released landlords from any other claims she might have against them. Tenant now claims that landlords misrepresented the apartment as legal, forced her to move out, and violated the General Business Law Section 349. Landlords argued that the agreement prevented tenant from suing them. Court: Tenant gets her moving expenses and security deposit back, plus damages for fraud and breach of the warranty of quiet enjoyment. Tenant also gets punitive damages for landlords' bad-faith conduct---they knew the apartment was illegal and violated DOB regulations, but assured tenant the apartment was legal.

Bartolomeo v. Runco: NYLJ, p. 32, col. 5 (8/5/94) (City Ct. Yonkers; Dickerson, J)

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