Landlord Must Pay Tenant for Water Damage

April 1, 1996

LVT Number: 10524

Tenant sued landlord, claiming breach of the warranty of habitability. Tenant's basement apartment was flooded when third-floor tenant deliberately allowed water to overflow. Tenant had advised landlord of prior incidents, and landlord took no action against other tenant. Tenant had to replace furniture and clothing as a result of the water damage. The court ruled for tenant, awarding her a total of $1,300 to repair or replace furnishings and clothes and for the disruption.

Tenant sued landlord, claiming breach of the warranty of habitability. Tenant's basement apartment was flooded when third-floor tenant deliberately allowed water to overflow. Tenant had advised landlord of prior incidents, and landlord took no action against other tenant. Tenant had to replace furniture and clothing as a result of the water damage. The court ruled for tenant, awarding her a total of $1,300 to repair or replace furnishings and clothes and for the disruption. Part of this award was punitive damages, given landlord's failure to act after several prior floods caused by other tenant.

Benitez v. Restifo: NYLJ, p. 36, col. 3 (3/27/96) (City Ct. Yonkers; Dickerson, J)

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