Tenant Claims Children's Bedbug Bites Breached Warranty of Habitability

Tenant sued landlord on behalf of her children, claiming that they were bitten by bedbugs in their apartment. Among other things, tenant claimed constructive eviction, intentional infliction of emotional distress, and violation of the breach of warranty of habitability under Real Property Law Section 235-b. Landlord asked the court to dismiss the case. The court ruled for landlord in part but ruled that tenant could proceed with some claims. If tenant proved her claim, the bedbug condition would constitute a breach of warranty. But tenant failed to claim constructive eviction within a one-year time limit and that claim can only be raised as a defense, so it was dismissed. Tenant's emotional distress claim also was untimely, and landlord's mere inaction didn't rise to the level of egregious conduct needed to show infliction of emotional distress. The court also granted the portion of landlord's request to dismiss tenant's claim for punitive damages and attorney's fees since tenant showed nothing beyond carelessness on landlord's part. The court directed landlord to file an answer to the remaining portions of the complaint.

E.M. v. 2345 83rd St. LLC: Index No. 507010/2020, 2021 NY Slip Op 31580(U)(Sup. Ct. Kings; 5/10/21; Silber, J)