Landlord Didn't Provide Adequate Heat

June 30, 2005

LVT Number: 18230

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant owed $9,000. Tenant claimed a breach of the warranty of habitability. He said that the boiler didn't work and that there was inadequate heat. Landlord argued that tenant's lease required tenant, not landlord, to make repairs and maintain equipment, including the boiler. Court: Tenant wins. RPL Section 235-b requires landlord to rent housing units that are habitable. This requirement is separate from any lease requirement. Landlord was responsible for providing heat.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant owed $9,000. Tenant claimed a breach of the warranty of habitability. He said that the boiler didn't work and that there was inadequate heat. Landlord argued that tenant's lease required tenant, not landlord, to make repairs and maintain equipment, including the boiler. Court: Tenant wins. RPL Section 235-b requires landlord to rent housing units that are habitable. This requirement is separate from any lease requirement. Landlord was responsible for providing heat. The court gave tenant a 20 percent rent abatement for the months of December 2004 through April 2005.

Amerifirst Mortgage Corp. v. Green: NYLJ, 6/14/05, p. 19, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)

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