Recurring Leaks in Tenant's Bathroom

July 31, 1995

LVT Number: 9929

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and awarded him a rent abatement. Landlord appealed, claiming there was no problem and that tenant complained too late. The appeals court ruled against landlord. There was ample proof of recurring water leaks and an asbestos condition in tenant's bathroom and linen closet. The fact that other tenants hadn't received abatements for asbestos in similar cases involving landlord didn't matter.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and awarded him a rent abatement. Landlord appealed, claiming there was no problem and that tenant complained too late. The appeals court ruled against landlord. There was ample proof of recurring water leaks and an asbestos condition in tenant's bathroom and linen closet. The fact that other tenants hadn't received abatements for asbestos in similar cases involving landlord didn't matter. And tenant had six years to make his claim; he wasn't limited to three years by Real Property Law Section 235-b.

Ansonia Associates v. Moan: NYLJ, p. 25, col. 2 (7/13/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen)

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