Landlord's Demolition Work Caused Hazardous Condition in Tenant's Apartment

April 9, 2007

LVT Number: 19466

Landlord sued to evict tenant for the nonpayment of rent. Tenant claimed a breach of warranty of habitability and asked for a rent abatement. The court ruled for tenant and gave her a substantial abatement. Landlord appealed and lost. Landlord had done demolition and debris-removal work in the building's basement. This had caused metallic dust and fungus to enter tenant's ground floor apartment. Tenant had notified landlord immediately, but landlord did nothing to examine tenant's complaint or admit the possibility of a problem.

Landlord sued to evict tenant for the nonpayment of rent. Tenant claimed a breach of warranty of habitability and asked for a rent abatement. The court ruled for tenant and gave her a substantial abatement. Landlord appealed and lost. Landlord had done demolition and debris-removal work in the building's basement. This had caused metallic dust and fungus to enter tenant's ground floor apartment. Tenant had notified landlord immediately, but landlord did nothing to examine tenant's complaint or admit the possibility of a problem. At trial, tenant's proof of the conditions included testimony from environmental and medical experts.

360 West 51st St. Realty, LLC v. Cornell: NYLJ, 2/5/07, p. 31, col. 2 (App. T. 1 Dept.; McKeon, PJ, Davis, Schoenfeld, JJ)

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