No Proof of Rent-Impairing Conditions After Landlord Made Repairs

July 31, 2008

LVT Number: #20584

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of warranty of habitability and asked for a rent abatement. The court ruled against tenant and found that tenant owed rent. Tenant appealed and lost. At trial, landlord proved that it had complied with a prior housing court settlement agreement to correct various conditions that tenant complained about. Landlord also showed that any delay in the completion of the repairs was caused by tenant's failure to give landlord access, and that no rent-impairing conditions remained in tenant's apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of warranty of habitability and asked for a rent abatement. The court ruled against tenant and found that tenant owed rent. Tenant appealed and lost. At trial, landlord proved that it had complied with a prior housing court settlement agreement to correct various conditions that tenant complained about. Landlord also showed that any delay in the completion of the repairs was caused by tenant's failure to give landlord access, and that no rent-impairing conditions remained in tenant's apartment. Landlord also was entitled to attorney's fees because it won the nonpayment case against tenant.

Yorkville 82, LLC v. Ruiz: NYLJ, 7/7/08, p. 30, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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