Landlord Proved Mold Condition Was Corrected

(Decision submitted by Jeffrey M. Goldman, Esq. of Solil Mgmt.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on toxic mold in the apartment. After a trial, the court found that the mold condition had made tenant's apartment uninhabitable from October 2000 through June 2002. For this period, the court gave tenant a rent abatement. The court also found that the condition was then corrected and that tenant owed rent for periods after June 2002. Tenant asked the court to set aside its decision. Tenant claimed that there were new water leaks in the bedroom ceiling of her apartment and that the mold condition was recurring. The court ruled against tenant. There was no proof of any new mold condition. And tenant waited three months before telling landlord about the new leaks. Landlord proved that the mold condition was corrected.

157 E. 57th St. LLC v. Birrenbach: Index No. 50733/01 (Civ. Ct. NY 5/28/03; Schneider, J) [6-pg. doc.]