No Maintenance Abatement for Co-op Tenant Who Made Her Own Repairs

Landlord cooperative corporation sued to evict tenant shareholder for unpaid maintenance. Tenant in turn claimed breach of the warranty of habitability. The court ruled for landlord and granted a judgment for $45,000 with no rent abatement. Tenant appealed, and the Appellate Term reduced the arrears to $34,000 but refused tenant’s claim for attorney’s fees. Tenant appealed further and lost. The lower court properly denied any rent abatement to tenant in light of her admitted misconduct and resulting delays after the flood. Once tenant told landlord she would make repairs herself, landlord couldn’t override her instructions by making its own repairs. The warranty of habitability applies only to areas that are “within the landlord’s control.” The lower court also properly denied tenant attorney’s fees in light of the mixed results.

12-14 East 64th Owners Corp. v. Hixon: Index No. 2015 NY Slip Op 05774, NYLJ No. 1202731467682 (App. Div. 1 Dept.; 7/2/15; Sweeny, JP, Andrias, Manzanet-Daniels, Clark, JJ)