Numerous Violations Within Building Common Areas

January 1, 1996

LVT Number: 10301

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part and reduced the amount of back rent due. Tenant appealed. As trial testimony and inspections reports showed, there were numerous violations within the building's common areas as well as in tenant's own apartment. Among other things, there were repeated instances of inadequate heat and hot water, and the building superintendent was often unavailable. The appeals court ruled for tenant, increasing her rent abatement to 40 percent.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part and reduced the amount of back rent due. Tenant appealed. As trial testimony and inspections reports showed, there were numerous violations within the building's common areas as well as in tenant's own apartment. Among other things, there were repeated instances of inadequate heat and hot water, and the building superintendent was often unavailable. The appeals court ruled for tenant, increasing her rent abatement to 40 percent.

Keivan, Mansour & Nasser Farhadian v. Garcia: NYLJ, p. 30, col. 4 (12/1/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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