Tenant Claims Breach of Warranty of Habitability Based on Lack of Elevator Service

April 26, 2022

LVT Number: #32010

Tenant sued landlord, claiming that landlord breached the warranty of habitability for building tenants by depriving them of use of elevators while modernizing the building. Landlord asked the court to dismiss the complaint, claiming that there was no breach and that tenant's claim was too vague to support any such finding. The court ruled against landlord. Tenant sufficiently pleaded a cause of action for breach of the implied warranty of habitability under Real Property Law Section 235-b.

Tenant sued landlord, claiming that landlord breached the warranty of habitability for building tenants by depriving them of use of elevators while modernizing the building. Landlord asked the court to dismiss the complaint, claiming that there was no breach and that tenant's claim was too vague to support any such finding. The court ruled against landlord. Tenant sufficiently pleaded a cause of action for breach of the implied warranty of habitability under Real Property Law Section 235-b. Tenant had submitted a sworn statement that he would typically have to wait more than 45 minutes to get an elevator to go downstairs to leave the building in the morning.

Rosen v. MF Assoc. of NY LLC: Index No. 612348/2020, 2022 NY Slip Op 30881(U), NYLJ No. 16148539108 (Sup. Ct. Nassau; 3/21/22; Voutsinas, J)

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