New Trial Required

April 30, 1993

LVT Number: 6988

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed a breach of the warranty of habitability. Tenants presented a housing inspector's report showing rat and roach infestation, no electricity, and at other times no utilities. Neither landlord nor tenants had an attorney. The Suffolk County trial court didn't inquire into tenants' habitability claims. Instead the court ruled for landlord, and tenants appealed. The appeals court ruled that tenants didn't get a fair trial, and sent the case back for a new trial.

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed a breach of the warranty of habitability. Tenants presented a housing inspector's report showing rat and roach infestation, no electricity, and at other times no utilities. Neither landlord nor tenants had an attorney. The Suffolk County trial court didn't inquire into tenants' habitability claims. Instead the court ruled for landlord, and tenants appealed. The appeals court ruled that tenants didn't get a fair trial, and sent the case back for a new trial.

Rathjen v. Carpenter: NYLJ, p. 27, col. 5 (4/22/93) (App. T. 2 Dept.; DiPaola, PJ, Stark, Collins, JJ)

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