Tenant Deprived of Air, Light, and Ventilation

December 1, 1996

LVT Number: 11119

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed she was deprived of air, light, and ventilation due to landlord's placement of plastic sheeting around the outside of the house in connection with removal of lead paint. Tenant also countersued for damages. She claimed that the paint removal spread high levels of lead dust into her apartment. The court ruled against landlord and awarded tenant a full rent abatement for the months rent was withheld. Landlord appealed, arguing that tenant couldn't raise counterclaims in a nonpayment case.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed she was deprived of air, light, and ventilation due to landlord's placement of plastic sheeting around the outside of the house in connection with removal of lead paint. Tenant also countersued for damages. She claimed that the paint removal spread high levels of lead dust into her apartment. The court ruled against landlord and awarded tenant a full rent abatement for the months rent was withheld. Landlord appealed, arguing that tenant couldn't raise counterclaims in a nonpayment case. The appeals court ruled for tenant and sent the case back for a trial on tenant's counterclaim based on a breach of the warranty of habitability.

Edgemont Corp. v. Audet: NYLJ, p. 34, col. 1 (11/1/96) (App. T. 2 Dept.; DiPaoli, PJ, Ingrassia, Floyd, JJ)

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