No Breach Where Apartments Are Rented to Students

January 1, 1993

LVT Number: 6672

Facts: Landlord New York University (NYU) sued to evict tenants for nonpayment of rent. Tenants claimed a breach of the warranty of habitability. Landlord had bought the building and started renting apartments to NYU students. Other tenants complained that the students hung sheets over their apartment windows, littered the halls with candy wrappers, made the laundry room into a hangout, and otherwise created a fraternity house atmosphere in the building. The trial court awarded rent abatements to 12 tenants, and landlord appealed.

Facts: Landlord New York University (NYU) sued to evict tenants for nonpayment of rent. Tenants claimed a breach of the warranty of habitability. Landlord had bought the building and started renting apartments to NYU students. Other tenants complained that the students hung sheets over their apartment windows, littered the halls with candy wrappers, made the laundry room into a hangout, and otherwise created a fraternity house atmosphere in the building. The trial court awarded rent abatements to 12 tenants, and landlord appealed. Court: The conditions cited by tenants weren't dangerous, hazardous, or detrimental to life, health, and safety. A mere reduction in the services, amenities, and atmosphere the original tenants enjoyed doesn't constitute a breach of the warranty of habitability.

[New York University v. Schurtman: NYLJ, p. 21, col. 1 (12/15/92) (App. T. 1 Dept.; Ostrau, PJ, Riccobono, Parness, JJ)].

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