Landlord Corrected Roof Violations

December 1, 2002

LVT Number: 16243

Tenant sued landlord to force it to make roof repairs. The court dismissed the case after a trial, finding that landlord had corrected the violations in question. Tenant appealed, claiming that landlord should have completely replaced the roof. The appeals court ruled against tenant. Landlord had made roof repairs, and there was no evidence of water penetration after he did so. Landlord wasn't required to perform the most costly or extensive repairs when it could correct the condition by doing less work.

Tenant sued landlord to force it to make roof repairs. The court dismissed the case after a trial, finding that landlord had corrected the violations in question. Tenant appealed, claiming that landlord should have completely replaced the roof. The appeals court ruled against tenant. Landlord had made roof repairs, and there was no evidence of water penetration after he did so. Landlord wasn't required to perform the most costly or extensive repairs when it could correct the condition by doing less work.

Chamberlain v. W. 24th Tenants Corp.: NYLJ, 11/12/02, p. 20, col. 5 (App. T.1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

Topics

More like this