Tenant Can't Claim Breach in Nonprimary Residence Case

August 31, 2001

LVT Number: 15276

(Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the landlord.) Landlord sued to evict tenant for nonprimary residence. Tenant claimed breach of the warranty of habitability. Landlord asked the court to strike that defense. The court ruled for landlord. Tenant can't claim breach of the warranty of habitability in a holdover case unless landlord is claiming use and occupancy for any period before sending its termination notice.

(Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the landlord.) Landlord sued to evict tenant for nonprimary residence. Tenant claimed breach of the warranty of habitability. Landlord asked the court to strike that defense. The court ruled for landlord. Tenant can't claim breach of the warranty of habitability in a holdover case unless landlord is claiming use and occupancy for any period before sending its termination notice. Since there is no such claim in this case, tenant's defense was struck down.

315-317 W. 98th St. Co. v. Benedikt: Index No. 107173/99 (Civ. Ct. NY 8/13/01; Alpert, J) [6-pg. doc.]

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