No Punitive Damages for Breach of Warranty of Habitability

December 1, 2010

LVT Number: #23070

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The trial court ruled for tenant and gave him some rent abatement. Tenant appealed and lost. Tenant claimed that he should also get punitive damages for the apartment conditions. But the evidence at trial didn't prove that landlord's conduct rose to a level of "high moral culpability or indifference to civil obligations." Punitive damages weren't warranted in this case.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The trial court ruled for tenant and gave him some rent abatement. Tenant appealed and lost. Tenant claimed that he should also get punitive damages for the apartment conditions. But the evidence at trial didn't prove that landlord's conduct rose to a level of "high moral culpability or indifference to civil obligations." Punitive damages weren't warranted in this case.

2301 7th Avenue HDFC v. Hudgen-Grace: NYLJ, 11/10/10, p. 26, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Hunter, J)

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