Recurrent Heating Problem

July 31, 2000

LVT Number: 14334

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and gave him some rent abatement. Landlord appealed and lost. Tenant showed that there was a recurrent heating problem in the apartment that landlord didn't correct. The apartment was a duplex, and there was inadequate heat in the bedroom, bathroom, and hallway during a signification portion of the time for which tenant owed rent.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and gave him some rent abatement. Landlord appealed and lost. Tenant showed that there was a recurrent heating problem in the apartment that landlord didn't correct. The apartment was a duplex, and there was inadequate heat in the bedroom, bathroom, and hallway during a signification portion of the time for which tenant owed rent.

Haroust Corp. v. Warren: NYLJ, 7/14/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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