No Abatement for Mold in Basement

July 31, 2005

LVT Number: 18283

Landlord sued tenant in small claims court to recover for rent, utilities, and repairs to the apartment. The court ruled for landlord. Tenant appealed, claiming a breach of the warranty of habitability based on mold in the building's basement. The appeals court ruled against tenant. Tenant didn't show how basement mold affected his health or well-being in his first-floor apartment.

Landlord sued tenant in small claims court to recover for rent, utilities, and repairs to the apartment. The court ruled for landlord. Tenant appealed, claiming a breach of the warranty of habitability based on mold in the building's basement. The appeals court ruled against tenant. Tenant didn't show how basement mold affected his health or well-being in his first-floor apartment.

Decrescenzo v. Kalba: NYLJ, 7/15/05, p. 30, col. 5 (App. T. 2 Dept.; Rudolph, PJ, McCabe, Covello, JJ)

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