Landlord Must Correct Tenant-Caused Violations

December 1, 1997

LVT Number: 11930

Tenant sued landlord, seeking correction of housing violations. The court ruled for tenant and ordered landlord to repair outside leaks and violations caused by demolition work in tenant's apartment. Landlord appealed, claiming that tenant caused the violations in the apartment. The appeals court ruled against landlord. Even though there was proof that tenant, an architect, moved into the apartment and then hired the building superintendent to do apartment renovation work, landlord is still responsible for any violations caused in the building.

Tenant sued landlord, seeking correction of housing violations. The court ruled for tenant and ordered landlord to repair outside leaks and violations caused by demolition work in tenant's apartment. Landlord appealed, claiming that tenant caused the violations in the apartment. The appeals court ruled against landlord. Even though there was proof that tenant, an architect, moved into the apartment and then hired the building superintendent to do apartment renovation work, landlord is still responsible for any violations caused in the building. But tenant couldn't get attorney's fees, since it was in part his own acts that caused the litigation.

France v. Stahl Assocs.: NYLJ, p. 25, col. 1 (11/7/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, McCooe, JJ)

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