Recurrent Water Leaks

December 1, 1999

LVT Number: 13745

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on recurrent water leaks. The court ruled for tenant and gave him a rent abatement. Landlord and tenant both appealed. The appeals court ruled against landlord. There was sufficient proof at the trial that landlord had notice of, and didn't correct, the water leaks. Tenant asked for punitive damages against landlord in his appeal. The court ruled against tenant. Landlord had made efforts to correct the condition.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on recurrent water leaks. The court ruled for tenant and gave him a rent abatement. Landlord and tenant both appealed. The appeals court ruled against landlord. There was sufficient proof at the trial that landlord had notice of, and didn't correct, the water leaks. Tenant asked for punitive damages against landlord in his appeal. The court ruled against tenant. Landlord had made efforts to correct the condition.

Parkchester Apts. Co. v. Williams: NYLJ, p. 29, col. 5 (11/18/99) (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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