Tenant Can't Claim Constructive Eviction Due to Hurricane Sandy

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court for permission to amend his answer to the petition, claiming breach of the warranty of habitability and constructive eviction. The court ruled for tenant in part. Courts have broad discretion to permit amendment of defects in court papers if the claim or defense is meritorious, the default wasn't willful, and the other party isn't prejudiced. Tenant could add the warranty of habitability defense because his initial pro se answer made this claim, there were a number of stipulations in the court proceeding that addressed complained-of conditions, and an email to landlord's attorney put landlord on notice that tenant was seeking a rent abatement. But tenant couldn't make a constructive eviction defense based on loss of electricity and elevator service for five weeks due to damage caused by Hurricane Sandy since there was no showing that landlord committed any wrongful act.

NYCHA Coney Island Houses v. Ramos: 2013 NY Slip Op 23309, 2013 WL 5184432 (Civ. Ct. Kings; 9/16/13; Avery, J)