Tenant Can Raise Habitability Claim Despite "Commercial" Tenancy

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord without a trial and dismissed tenant’s counterclaim for rent abatement based on apartment conditions. Tenant appealed, and the case was reopened. Landlord and tenant signed a residential lease for the apartment. The lease stated that landlord would supply heat and hot and cold water in the bathroom and kitchen, and that tenant could enforce her rights under the warranty of habitability. The building’s Certificate of Occupancy described the unit as a Class “A” apartment. Landlord claimed use of a residential lease form was an inadvertent error, but never sought or obtained reformation of the lease to reflect the claimed commercial nature of the tenancy. Tenant acknowledged that the premises was intended to be used for business purposes but claimed that the apartment was furnished as a residence and that she bargained for essential residential services. There were no grounds, under the circumstances, to disregard the written agreement between landlord and tenant.

46 Warren, LLC v. Lynch: 48 Misc.3d 135(A), 2015 NY Slip Op 51098(U)