Tenant Claims Pizzeria Caused Offensive Odors and Heat

September 30, 2000

LVT Number: 14471

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on offensive odors and heat rising from the pizzeria that was directly below her apartment. The court ruled against tenant. Tenant appealed and lost. Although violations had been issued because of an improper venting system, tenant didn't show that there was any condition that was dangerous or hazardous to her life, health, or safety. Tenant also didn't show that she had to abandon any portion of the apartment because of the condition.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on offensive odors and heat rising from the pizzeria that was directly below her apartment. The court ruled against tenant. Tenant appealed and lost. Although violations had been issued because of an improper venting system, tenant didn't show that there was any condition that was dangerous or hazardous to her life, health, or safety. Tenant also didn't show that she had to abandon any portion of the apartment because of the condition.

56 Mac D. Inc. v. Gravine: NYLJ, 9/27/00, p. 26, col. 2 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

Topics

More like this