Landlord Must Reimburse Tenant for Excessive Gas Charge Caused by Gas Leak

March 28, 2022

LVT Number: #31895

Tenant sued landlord in small claims court for $2,400, based on excessive gas charged to tenant by Con Edison. Tenant claimed that the gas charge resulted from landlord's negligence in failing to detect and fix a gas leak on the property. The court ruled for tenant despite landlord's argument that tenant didn't timely report the gas leak. Tenant didn't unreasonably or inexcusably delay reporting the gas leak and this didn't create an equitable defense of laches. Tenant's court action was timely, and there was no proof that landlord was prejudiced by the delay.

Tenant sued landlord in small claims court for $2,400, based on excessive gas charged to tenant by Con Edison. Tenant claimed that the gas charge resulted from landlord's negligence in failing to detect and fix a gas leak on the property. The court ruled for tenant despite landlord's argument that tenant didn't timely report the gas leak. Tenant didn't unreasonably or inexcusably delay reporting the gas leak and this didn't create an equitable defense of laches. Tenant's court action was timely, and there was no proof that landlord was prejudiced by the delay. Landlord was responsible for maintaining the premises free of gas leaks regardless of whether tenant reported them.

Albert v. Bryant: Index No. SC-0952-21, 2022 NY Slip Op 22034, NYLJ No. 1645513000 (Mt. Vernon City Ct.; 2/8/22; Williams, J)

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